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Patna High Court

Riyaz @ Riyaz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C.

Summary

The petitioner, Riyaz Alam, sought anticipatory bail fearing arrest in a case (Kadwa P.S. Case No. 85 of 2025) filed under multiple sections of the Bhartiya Nayay Sanhita, 2023. The prosecution alleged that the petitioner participated in an assault, a shooting (attributed to Md. Khurshid), and other offences including outraging a woman's modesty and theft. The petitioner’s counsel argued that the alleged shooting was not his act, no injury report existed, and the only basis for his implication was a prior criminal antecedent. The State opposed bail, contending that the antecedent had been concealed before the Sessions Judge. The High Court, noting the absence of an injury report and that the serious allegation of firing pertained to another individual, exercised its discretion under Section 438(2) of the Cr.P.C. to grant anticipatory bail with stringent conditions, including sureties, regular appearances, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted despite the petitioner’s criminal antecedent and the serious nature of the allegations.
  • Whether the lack of an injury report on record affects the grant of bail.
  • Whether the petitioner is eligible for bail under Section 438(2) of the Criminal Procedure Code.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Bhartiya Nayay Sanhita
  • criminal antecedent
  • injury report
  • bail conditions
  • assault
  • shooting allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89487 of 2025
                        Arising Out of PS. Case No.-85 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Riyaz @ Riyaz Alam Son of Late Bahrul Hoda Resident of Village-
                 Bhaisbanda, P.S.- Balia Belon, District- Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raghvendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-01-2026                  Heard the parties.

                                2. The petitioner is apprehending arrest in connection

                   with Kadwa P.S. Case No. 85 of 2025 instituted under Sections

                   126(2), 115(2), 109, 76, 303(2), 351(2), 3(5), 118(1) of the

                   Bhartiya Nayay Sanhita, 2023 lodged on 15.04.2025 by the

                   informant, Dilkhush Raza.

                                3. As per the prosecution story, the informant alleged

                   that while he had gone to his field, the accused persons came

                   and on the point of revolver, got an agreement signed.

                   Thereafter, Md. Khurshid opened fire which did not hit him.

                   This petitioner gave blow on the head causing injury, the

                   accused persons also outraged the modesty of the lady inmate

                   and took cash amount/ornament. This followed the FIR.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.89487 of 2025(2) dt.28-01-2026
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          allegation of opening fire is against Md. Khurshid, so far as

          allegation against him is concerned, though it is alleged that he

          gave blow on the head, no injury report is on record. Only

          because, he has criminal antecedent, implicated.

                       5. Learned APP opposes the prayer submitting that he

          has criminal antecedent which was concealed before the learned

          Sessions Judge.

                       6. Considering the submissions of the parties as also

          the materials on record, the injury sustained by the injured is not

          on record, the allegation               of opening fire is against Md.

          Khurshid, in that background, this Court is inclined to extend

          him the privilege of anticipatory bail.

                       7. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Kadwa P.S. Case No.

          85     of 2025 to the satisfaction of learned Chief Judicial

          Magistrate, Katihar subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official
             Patna High Court CR. MISC. No.89487 of 2025(2) dt.28-01-2026
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                       document (Aadhar Card/Driving License/Voter ID/Pan Card

                       etc.) to show his/her bona fide;

                                    (ii) the petitioner shall appear on each and every date

                       before the Trial Court and failure to do so for two consecutive

                       dates without plausible reason will entail cancellation of his

                       bail bond by the Trial Court itself;

                                    (iii) the petitioner shall appear before the concerned

                       police station every fortnight for next six months to mark his

                       attendance and at the end of the period a certificate be submitted

                       before the Trial Court failing which the State shall be at liberty

                       to take steps for cancellation of bail bonds;

                                    (iv) the petitioner shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (v) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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