Patna High Court
Riyaz @ Riyaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 76
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
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
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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
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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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