Patna High Court
Md. Samsad Alam @ Md. Samshad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438 of the CrPC read with Section 482(2) of the B.N.S.
Summary
The petitioner, Md. Samsad Alam, sought anticipatory bail after an FIR (Narhat PS Case No. 182 of 2025) alleged that he had harassed and attempted to molest a woman, with charges under Sections 74, 76, 78, 352, 351(2) and 3(5) of the B.N.S. The petitioner contended that the allegations were fabricated following a failed marriage proposal and a loan dispute in which he was named as nominee. He submitted evidence that the informant had apologized, closed the loan account, and that he had also lodged a complaint against the informant and the bank manager. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions, invoking Section 438 of the CrPC and Section 482(2) of the B.N.S. The order clarified that its observations would not affect the trial, and the application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the FIR alleging serious offences.
- Whether the allegations against the petitioner are false and constitute an abuse of the criminal process.
Legislation cited
- B.N.S. — s. 3, 351, 352, 482, 74, 76, 78
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false FIR
- marriage dispute
- loan fraud
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9707 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- NARHATT District- Nawada
======================================================
Md. Samsad Alam @ Md. Samshad Alam Son of Md. Kalim Alam @
Banarasi Resident of Village- Izaharchak, P.S.- Narhat, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Mishra, Adv.
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Narhat P.S. Case No. 182 of 2025 dated 10.06.2025
registered for the offences punishable under Sections 74, 76, 78,
352, 351(2) and 3(5) of the B.N.S.
3. The allegation against the petitioner is that he has
been following the informant for sometime and had been
making repeated calls and used to talk dirty and also threatened
her of dire consequences and had tried to molest her.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in a completely false
and concocted story. It has further been submitted that the
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marriage proposal between the petitioner and the informant
made earlier, did not materialize. In the meantime, the informant
had sought a loan from Bandhan Bank, Hisua showing the
petitioner as the nominee. When the petitioner came to know
about it, he lodged a complaint and by way of Annexure P/2, it
would be evident the informant had apologized for such mistake
and had closed the loan account and withdrew her application. It
has further been submitted that on account of the failure of the
marriage, the present F.I.R. has been lodged. Learned counsel
has pointed out that the bonafide of the petitioner can also be
ascertained from the fact that he has also lodged a complaint
against the informant as well as the Bank Manager who had
issued loan on fictitious paper. It has lastly been submitted that
the petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
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with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Narhat P.S. Case No. 182 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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