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Patna High Court

Md. SaddamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied as the alibi defence cannot be considered at this stage and the seriousness of the offences warrants trial.

Summary

The petitioner, Md. Saddam, an engineer with NHAI, was charged under multiple sections of the Indian Penal Code for allegedly assaulting Md. Tamanna with a garasa, causing grievous injury. He sought anticipatory bail, asserting an alibi that he was at his workplace in Nagpur at the time of the incident. The State opposed the bail, arguing that specific accusations existed and that no conclusive evidence supported the alibi. The Court examined the seriousness of the alleged offences and the injury inflicted. It held that the alibi could not be entertained at the anticipatory bail stage as the matter was still pending trial. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted in a case involving serious offences under the IPC.
  • Whether an alibi defence can be considered at the stage of anticipatory bail.
  • Whether the evidence on record is sufficient to justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • alibi defence
  • assault
  • grievous injury
  • Indian Penal Code
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89641 of 2025
                      Arising Out of PS. Case No.-553 Year-2024 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Md. Saddam S/o Anjarul Hassan @ Kamani Resident of village - Dadri, P.S -
                 Nanpur, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Prasad Singh, Sr.Adv.
                                                   Mr. Adesh Raj Singh, Adv.
                 For the Opposite Party/s :        Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-02-2026                     Heard learned senior counsel for the petitioner and

                   learned A.P.P for the State.

                                 2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 191(2), 190,

                   115(2), 118(1), 109, 76, 324(4), 324(5), 352, 351(2) of the

                   Indian Penal Code.

                                 3. As per F.I.R., this petitioner assaulted on the head

                   of Md. Tammana with Garasa, causing him grievous injury.

                                 4. Learned senior counsel for the petitioner submits

                   that petitioner is innocent and has been falsely implicated in this

                   case. Petitioner is an Engineer at NHAI and at the time of

                   alleged occurrence, he was present at his work place at Nagpur.

                                 5. Learned A.P.P. for the State vehemently opposes the
           Patna High Court CR. MISC. No.89641 of 2025(3) dt.24-02-2026
                                                       2/2




                     prayer for anticipatory bail and submits that there is specific

                     accusation against this petitioner that he caused grievous injury

                     to Md. Tamanna with Garasa. He further submits that there is

                     no conclusive evidence on record to substantiate the assertion

                     that this petitioner was not present at the place of occurrence.

                                  6. Considering the nature of accusation and injury,

                     the prayer for anticipatory bail of petitioner is rejected. The

                     plea of alibi cannot be considered at this stage. It is a matter of

                     trial.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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