Patna High Court
Md. Mehtab Alam @ MahetabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) of the CrPC.
Summary
The petitioners, six individuals from Saguniya village, were implicated in Dhoraiya Police Station Case No.83 of 2023 for offences under sections 147, 149, 341, 323, 324, 307, 354 and 379 of the Indian Penal Code, involving rioting and assault. They filed an application for anticipatory bail, contending that the allegations were general and that the case was a retaliatory "counter‑blast" of another case. The State opposed the bail, but the court examined the petitioners' submissions and the injury report. Relying on the provisions of Section 438(2) of the Code of Criminal Procedure, the court found no sufficient ground to deny bail. Consequently, the court granted anticipatory bail to each petitioner, subject to a bail bond of Rs.10,000 with two sureties and a six‑week surrender condition. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC despite the serious nature of the offences alleged.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- rioting
- assault
- bail conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91080 of 2025
Arising Out of PS. Case No.-83 Year-2023 Thana- DHORAIYA District- Banka
======================================================
1. Md. Mehtab Alam @ Mahetab S/O Sallo Alam @ Salimuddin R/O Village-
Saguniya, P.S- Dhoraiya, District- Banka.
2. Aftab @ Abtab Alam @ Aaftab S/O Sallo Alam @ Salimuddin R/O Village-
Saguniya, P.S- Dhoraiya, District- Banka.
3. Mahfuj Alam S/O Rafique Alam R/O Village- Saguniya, P.S- Dhoraiya,
District- Banka.
4. Rizwah Alam @ Rizwan S/O Rafique Alam R/O Village- Saguniya, P.S-
Dhoraiya, District- Banka.
5. Jahid Alam @ Jahid S/O Rustam Ali @ Rustam Alam R/O Village-
Saguniya, P.S- Dhoraiya, District- Banka.
6. Muslim Alam @ Md. Muslim S/O Late Shahid Ahmad @ Gandhi Alam R/O
Village- Saguniya, P.S- Dhoraiya, District- Banka.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Brij Nandan Prasad, Advocate
For the State : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. This application for anticipatory bail arises
out of Dhoraiya P.S. Case No.83 of 2023 registered for the
offence punishable under sections 147, 149, 341, 323, 324, 307,
354 and 379 of the Indian Penal Code.
3. The petitioners are accused of assaulting the
victim.
4. It has been submitted on behalf of the
Patna High Court CR. MISC. No.91080 of 2025(2) dt.28-01-2026
2/2
petitioners that there is general and omnibus allegation against
the petitioners and the present case is nothing but counter blast
of Dhoraiya P.S. Case No.82 of 2023 filed by the petitioner
no.1.
5. Considering the submission made on behalf
of the petitioners and also the injury report, this application is
allowed.
6. Let the petitioners, above named, in the
event of their arrest/surrender within six weeks from today in
the Court below, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned C.J.M., Banka /
concerned Court below, in connection with Dhoraiya P.S. Case
No.83 of 2023, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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