Dilshad Alam @ Dilsad Gani @ Dilshad Gani v. The State Of Bihar

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 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 2/3 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 3/3 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