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Patna High Court

Md. Sabbir Alam @ Sabir Alam @ Md. Sabir AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner was alleged to be one of the assailants in a grave offence causing death.

Summary

The petitioner, Md. Sabbir Alam, sought anticipatory bail after being named in an FIR for assaulting the maternal uncle of an informant, which allegedly led to the victim's death. The FIR charges him under multiple sections of the Bharatiya Nyaya Sanhita, including offences relating to assault, homicide, and criminal conspiracy. The petitioner argued that the allegations were vague, he had no specific overt act attributed to him, and he possessed a clean record. The State and the informant opposed bail, contending that the petitioner was specifically accused as one of the assailants responsible for the death. The court examined the seriousness of the offences and the petitioner’s role as an alleged assailant, finding the gravity sufficient to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite being named in the FIR for assault causing death
  • Whether the allegations in the FIR constitute a specific accusation of an overt act sufficient to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • culpable homicide
  • criminal procedure
  • gravity of offence
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91111 of 2025
                       Arising Out of PS. Case No.-498 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Md. Sabbir Alam @ Sabir Alam @ Md. Sabir Alam S/O Md. Sadik Khan @
                 Saddik Khan R/O Village- Tipau, P.S- Wazirganj, Dist.- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner         :       Mr. Bhaskar Shankar, Advocate
                 For the State              :       Mr. Uma Shankar Prasad Singh, APP
                 For the Informant          :       Md. Murad Ashraf, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel for the petitioner, learned

                   A.P.P.     for     the       State   and      learned    counsel       for      the

                   informant/Opposite Party No. 2.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 191(2), 191(3), 190,

                   126, 115(2), 117(1), 118(1), 109, 103(1), 352 and 351(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., it is alleged that this petitioner, along

                   with other named accused persons, assaulted on the head of

                   maternal uncle of the informant by means of Gadasa as a result

                   of which, he died during course of treatment.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation
             Patna High Court CR. MISC. No.91111 of 2025(2) dt.10-02-2026
                                                         2/2




                       of assault is general and omnibus and no specific accusation of

                       overt act has been alleged against this petitioner. Petitioner

                       claims clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State and

                       learned counsel for the informant/Opposite Party No. 2 have

                       vehemently opposed the prayer for grant of bail of the petitioner

                       and submitted that petitioner is named in the F.I.R. with specific

                       accusation that he, along with other accused persons, assaulted

                       uncle of the informant as a result of which, during course of

                       treatment, he died.

                                    6. Considering facts and circumstances of the case,

                       fact that petitioner is one of the assailant of the deceased and

                       gravity of offence, the prayer for grant of anticipatory bail to the

                       petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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