Md. Samsad Alam @ Md. Samshad Alam v. The State Of Bihar
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 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
2/4 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)
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.
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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