Patna High Court
Mahtab AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted bail to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners – Mahtab Alam, Sagufta Naaz and Aftab Alam – applied for bail after being implicated in a case registered under Sections 126(2), 115(2), 118(1), 109, 352, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting the informant’s nephew and snatching a gold chain. The prosecution alleged that petitioner 1 assaulted with a ‘farsa’, petitioner 3 with a lathi‑danda and petitioner 2 stole the chain. The petitioners contended they were falsely implicated, that the incident was a mutual fight resulting in only blunt‑force injuries, and that they have no serious criminal antecedents (except petitioner 3, who is on bail). The State opposed bail, arguing the seriousness of the offences. The Court, after considering the facts and the lack of sharp‑cut injuries, granted bail to all three petitioners subject to a bond of Rs 10,000 with two sureties each, to be surrendered within six weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail can be granted to the accused under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the charges under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged offences and the evidence on record justify denial of bail.
- Whether the petitioners are likely to flee, tamper with evidence or commit further offences if released on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- assault
- theft
- Section 126
- Section 115
- Section 118
- Section 109
- Section 352
- Section 303
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87436 of 2025
Arising Out of PS. Case No.-522 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
1. Mahtab Alam Son of Aftab Alam Resident of Village - Meerapur, P.S. -
Siwan Muffasil, District - Siwan
2. Sagufta Naaz @ Sagufta Praveen Daughter of Aftab Alam Resident of
Village - Meerapur, P.S. - Siwan Muffasil, District - Siwan
3. Aftab Alam son of Late Taiyab Alam Resident of Village - Meerapur, P.S. -
Siwan Muffasil, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(1), 109, 352,
303(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the accused persons
including the petitioners abused and assaulted the nephew of the
informant. It is alleged that petitioner no. 1 assaulted the
informant’s nephew by means of farsa, petitioner no. 3
assaulted him by lathi-danda and petitioner no. 2 snatched gold
chain from his neck.
Patna High Court CR. MISC. No.87436 of 2025(2) dt.12-01-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case malafide and ulterior motive. Further submission is
that on the alleged date of occurrence, a free fight took place
between the parties in which both sides sustained some injuries.
There is case and counter case between the parties for the said
occurrence. The nature of the injury to the injured is simple
caused by hard blunt substance. The doctor has not found any
sharp cut injury and thus the injury report does not support the
version of the prosecution case. Petitioner nos. 1 and 2 have no
criminal antecedent whereas petitioner no. 3 has one criminal
antecedent in which he is on bail. They undertake to cooperate
in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.87436 of 2025(2) dt.12-01-2026
3/3
Magistrate, Siwan in connection with Siwan Muffasil P.S. Case
No. 522 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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