Patna High Court
Md. Jamil @ Md. Zamil AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioners, nine accused persons, sought anticipatory bail fearing arrest in a case (Chandauti P.S. Case No. 251 of 2023) involving offences under several IPC sections including assault, robbery and criminal intimidation. The prosecution alleged that the accused, armed and intoxicated, assaulted the informant’s family and stole valuables, with a specific allegation of a sword assault against petitioner No.1. The petitioners contended they were falsely implicated, highlighted lack of specific allegations against most of them, and pointed to their clean record and cooperation with investigation. The State opposed the bail, asserting active participation by the petitioners. Considering the facts, the court granted anticipatory bail to all petitioners upon surrender within six weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations under the IPC sections.
- Whether the specific allegations against each petitioner justify denial of bail.
- Whether Section 482(2) of the Bharitya Nagrik Suraksha Sanhita permits the grant of anticipatory bail in this case.
Legislation cited
- Indian Penal Code — s. 147, 148, 323, 324, 341, 354, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- assault
- theft
- criminal procedure
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9479 of 2026
Arising Out of PS. Case No.-251 Year-2023 Thana- CHANDAUTI District- Gaya
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1. Md. Jamil @ Md. Zamil Alam S/O Md. Ekbal @ Md. Iqbal Ansari Resident
of Village- Kesru, P.S.- Chandauti,District- Gaya
2. Md. Jawed @ Sufyan @ Md. Sufiyan Son of Md. Tahir Hussain Resident of
Village- Kesru, P.S.- Chandauti,District- Gaya
3. Md.Reyan @Md. Rehan Ansari Son of Md. Tahir Hussain Resident of
Village- Kesru, P.S.- Chandauti,District- Gaya
4. Md. Faiz @ Md. Faiz Alam Son of Md. Istiyaque @ Md. Ishteyaque Ansari
Resident of Village- Kesru, P.S.- Chandauti,District- Gaya
5. Md. Sabir @ Md. Savir Alam Son of Md. Mustakim Resident of Village-
Kesru, P.S.- Chandauti,District- Gaya
6. Md. Aamir Son of Md. Mustakim Resident of Village- Kesru, P.S.-
Chandauti,District- Gaya
7. Md. Samir @ Samir Raza Son of Md. Muslim @ Md. Mosalim Ansari
Resident of Village- Kesru, P.S.- Chandauti,District- Gaya
8. Md. Meraj @ Merajuddin @ Md. Merajuddin Son of Md. Serajuddin
Resident of Village- Kesru, P.S.- Chandauti,District- Gaya
9. Md. Parwez @ Md. Parwez Akhtar Son of Abdul Aziz Resident of Village-
Kesru, P.S.- Chandauti,District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Ejaz Aamir, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The Petitioners are apprehending their arrest in
connection with Chandauti P.S. Case No. 251 of 2023 registered
for the offences punishable under Sections 147, 148, 341, 323,
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324, 379, 354, 504 of the I.P.C.
3. As per the prosecution case, on 23.04.2023 at about
6:00 P.M., the daughter of the informant was sitting at the door
of the house. In the meantime, the accused persons, including
the petitioners, variously armed with lathis and other deadly
weapons, arrived there and, in an intoxicated state, started
teasing the daughter of the informant. When she objected, the
accused persons began assaulting the informant and his family
members. It has been specifically alleged that petitioner no. 1,
Md. Jamil, assaulted the informant on the head with a sword. It
is further alleged that petitioner nos. 1 and 4, namely Md. Jamil
and Md. Faiz, caught hold of the daughter of the informant and
snatched her gold chain. Petitioner nos. 2 and 3, namely Md.
Jawed and Md. Reyan, are alleged to have taken gold earrings
from the aunt of the informant, while petitioner nos. 5 and 8,
namely Md. Sabir and Md. Meraj, allegedly took Rs. 20,000/-
from the pocket of the informant.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been
implicated in this case. It has been further submitted that, so far
as the allegation of assault is concerned, there are general and
omnibus allegations against petitioner nos. 2 to 9, whereas a
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specific allegation of assault has been made only against
petitioner no. 1, Md. Jamil, who is alleged to have assaulted the
informant. Learned counsel for the petitioners has drawn the
attention of this Court to Annexure-2 as well as the impugned
order, wherein the injury sustained by the informant has been
opined to be simple. Although there is a single grievous injury
reported on injured Md. Hamim, no specific allegation has been
attributed to any of the petitioners in that regard. The petitioners
co-operated in the investigation. The charge sheet has not been
submitted under Section 307 of the IPC rather under Section
308 of the IPC along with other ancillary sections, and after
taking cognizance by the court below, the petitioners apprehend
their arrest. The allegation of theft with respect to some of the
petitioners are ornamental in nature. Lastly, it has been
submitted that the petitioners have clean criminal antecedent as
stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners and
has submitted that the petitioners are actively participated in the
said occurrence.
6. Considering the aforesaid facts and circumstances
of the case and the materials available on record, let the above
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named petitioners, in the event of their arrest/surrender within a
period of six weeks from today, be enlarged on anticipatory bail
on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand)
each with two sureties of the like amount each to the satisfaction
of the learned court concerned, Gaya, in connection with
Chandauti P.S. Case No. 251 of 2023, subject to the conditions
as laid down under Section 482(2) of the Bharitya Nagrik
Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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