Md. Salman Alam @ Hero Chand @ Hero Chan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23344 of 2026 Arising Out of PS. Case No.-102 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.
Md. Salman Alam @ Hero Chand @ Hero Chan S/o-Habib @ Md. HabibAlam @ Md.Haviv R/o Village -Khari BastiBangama Ward No.- 10 P.S.-Bahadurganj, District -Kishanganj 2.
Julkar Alam @ Bajaru @ Zulquar Alam S/o-Jamiruddin R/o Village -Khari BastiBangama Ward No.- 10 P.S.-Bahadurganj, District -Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the State :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2026 Heard Mr. Nafisu Zzoha, learned counsel for the petitioners and Mr. Kumar Veerendra Narayan, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Bahadurganj P.S. Case No. 102 of 2025, F.I.R. dated 03.03.2025 registered for the offences punishable under Sections 191(3), 109, 115(2), 117(2), 118(1), 118(2), 74, 76, 303(2), 352 of the B.N.S.
3. Allegation against the petitioners is that they along with other co-accused persons have assaulted the informant and his family members with iron rod, knife and edged weapon due to which informant's father Amaloddin sustained head injury
2/4 and his brother Nakir Alam also injured.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case and the present case is counter blast of Bahadurganj P.S. Case No. 96 of 2025 filed by the petitioners' side against the informant and his family members. Learned counsel for the petitioners fairly submits that although the petitioners are named in the F.I.R. but from perusal of the F.I.R. it appears that there is specific allegation of assault attributed against co-accused persons, namely, Musfique @ Musfique Alam and Sohail @ Sohil Alam and petitioner is at best member of the mob. He further submits that co-accused persons, namely, Taslim, Almas @ Almas Alam and Mazid Alam @ Md. Mazid have been granted the privilege of anticipatory bail by this Court vide order dated 11.08.2025 passed in Cr. Misc. NO. 48592 of 2025, another co-accused person, namely, Alimuddin has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 26.09.2025 passed in Cr. Misc. No. 68728 of 2025 respectively.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
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6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedents and there is no specific allegation against them in the F.I.R. as well as similarly situated co-accused persons have been granted the privilege of anticipatory bail by this Court or by a Coordinate Bench of this Court , let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on 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 learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 102 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
4/4 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T