Patna High Court
Md. Sabbir Alam @ Sabir Alam @ Md. Sabir AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 117(1), 118(1), 126, 190, 191(2), 191(3), 351(2), 352
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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