Patna High Court
Dilshad Alam @ Dilsad Gani @ Dilshad GaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Dilshad Alam, was named in an FIR for offences under Sections 126(2), 115(2), 137(2), 96, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita relating to the alleged abduction and assault of his sister. He contended that the informant falsely implicated him and that the investigating police, after a “threadbare” investigation, exonerated him, a finding reflected in Annexure‑2. Despite the police report, the magistrate took cognizance of the case, and the victim’s statement under Section 164 Cr.P.C. did not support the prosecution. The petitioner sought anticipatory bail, arguing that it would be unjust to incarcerate him on the basis of a cognizance order that ignored the police exoneration and the victim’s non‑cooperation. The State opposed the bail. The Court, considering these submissions, granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, with conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the investigating police have exonerated the accused but the magistrate has taken cognizance of the FIR
- Whether the lack of victim support under Section 164 Cr.P.C. affects the propriety of granting bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 137(2), 3(5), 351(2), 352, 482(2), 96
- Code of Criminal Procedure, 1973 — s. 164
Subjects
- anticipatory bail
- false implication
- police exoneration
- cognizance
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 482
- Section 164
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9422 of 2026
Arising Out of PS. Case No.-283 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Dilshad Alam @ Dilsad Gani @ Dilshad Gani Son of Rafique Alam R/o
Village - Baigana, Ward No. 10, P.S. - Teragachh, Distt. - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Sinha
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 137(2), 96, 352, 351(2) and 3(5) of the Bharatiya Nyaya
Sanhita.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on 14-12-2024, when he woke up at 4 am, he found his
sister missing along with jewellery, on inquiry, it transpired that
13 named accused persons including the petitioner made his
sister flee, accordingly he along with other reached the house of
Dilnazwaz and saw his sister locked in a room and when he
tried to meet his sister, he was abused, assaulted and threatened
Patna High Court CR. MISC. No.9422 of 2026(2) dt.26-03-2026
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and thus came back and informed the police.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that police after threadbare
investigation came to a considered conclusion that petitioner is
innocent thus submitted final form exonerating the petitioner of
the allegation, as would manifest from Annexure-2, but then
learned Magistrate differing with the police report, took
cognizance. It is also submitted that even the victim did not
support the case of the prosecution in her statement recorded
under Section 164 Cr.P.C. The learned counsel for the petitioner
next submits that when one investigating agency after
threadbare investigation came to a considered conclusion that
petitioner is innocent, whether it would be prudent for the court
to send the petitioner to jail based on an order of cognizance
which came to be taken based on the same police report which
exonerated the petitioner of the allegation, moreso when the
victim has not supported the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.9422 of 2026(2) dt.26-03-2026
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event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Kochadhaman P.S. Case No. 283 of 2024, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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