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Patna High Court

Md. Samsad Alam @ Md. Samshad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.9707 of 2026(2) dt.24-02-2026
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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)
Patna High Court CR. MISC. No.9707 of 2026(2) dt.24-02-2026
                                            3/4




          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.
           Patna High Court CR. MISC. No.9707 of 2026(2) dt.24-02-2026
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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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