Patna High Court
Md. Gayas Alam @ Md. Gayas @ GayasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners on the condition of a cash bond and compliance with stipulated conditions.
Summary
The petitioners, Md. Gayas Alam and Md. Rakib Alam, were arrested in connection with a case of alleged assault and grievous injury under multiple sections of the Bharatiya Nyay Sanhita, 2023. They sought bail after being in custody since September 21, 2025, arguing that they have clean antecedents and were falsely implicated due to a petty dispute. The prosecution opposed bail, emphasizing the seriousness of the offences and the alleged use of a lathi and iron rod. The court noted the delay of about one month between the occurrence and filing of the FIR, but found no compelling reason to deny bail. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence, and ordered verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences under the Bharatiya Nyay Sanhita, 2023
- Whether the delay in filing the FIR and the nature of the allegations affect the bail eligibility
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 303(3)(5), 331(2), 351(2)(3), 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- delay in FIR
- serious offences
- surety bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86981 of 2025
Arising Out of PS. Case No.-27 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
Md. Gayas Alam @ Md. Gayas @ Gayas Son of Late Md. Shallo @ Md.
Sallem Resident of Village- Baisi Jahangirpur, P.S.- Rangra, District-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87547 of 2025
Arising Out of PS. Case No.-27 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
Md. Rakib Alam @ Md. Gayas @ Md. Rakib S/O Sallo Alam @ Salim
Resident of Village-Jahangirpur, Police Station-Rangra, District-Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 86981 of 2025)
For the Petitioner/s : Mr. Saroj Shandilya, Advocate
: Mr. Binay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 87547 of 2025)
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Saroj Shandilya, learned counsel for the
petitioner as well as Mr. Upendra Kumar, learned Additional
Public Prosecutor for the State (in Cr. Misc. No. 86981 of 2025)
and Mr. Amrendra Kumar, learned counsel for the petitioner as
well as Mr. Akbar Ali, learned Additional Public Prosecutor for
Patna High Court CR. MISC. No.86981 of 2025(2) dt.15-01-2026
2/4
the State (in Cr. Misc. No. 87547 of 2025).
2. Petitioners seeks bail who is in custody since 21.09.
2025 in connection with Rangra P.S. Case No. 27 of 2025, F.I.R.
dated 18.02.2025 for the offences punishable under Sections
352, 351(2)(3), 126(2), 115(2), 118(1), 109, 331(2), 74,
303(2)/3(5)of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that when he was in his house, then the petitioners along
with other accused person entered his house and assaulted him
by means of lathi and iron rod and when the son and wife of the
informant came to save her, the accused persons assaulted them
also.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they falsely been
implicated in the present case. It appears from the FIR that due
to some petty dispute the present occurrence has taken place.
The the petitioners are named in the FIR and there is specific
allegation against petitioner, namely, Md. Rakib Alam that he
assaulted the informant by means of iron rod and the injury
inflicted upon the informant is grievous in nature and as far as
allegation against petitioner, namely, Md. Gayas alam is
concerned, allegation against him is that he assaulted the son of
Patna High Court CR. MISC. No.86981 of 2025(2) dt.15-01-2026
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the informant, namely, Md. Sahzad and his injury is not
available in the case diary which suggest that he has not
received any injury. It appears from the FIR that date of the
occurrence was on 19.01.2025, and Fardbayan was recorded on
30.01.2025 but the FIR was lodge on 18.02.2025 i.e. after delay
of about one month without giving any reason of delay. The
police after investigation submitted charge-sheet and the
petitioners are in custody since 21.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
ACJM 1st, Naugachia in connection with Rangra P.S. Case No.
27 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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