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Patna High CourtCR. MISC./31799/2026allowed

Jamsed Alam v. The State Of Bihar

2026-05-07Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31799 of 2026 Arising Out of PS. Case No.-231 Year-2025 Thana- POTHIYA District- Kishanganj ====================================================== Jamsed Alam, Son of Late Abdul Wahid @ Abdul, Resident of VillageNaukatta, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Pothia P.S. Case No. 231 of 2025 dated 22.08.2025 instituted for the offence punishable under Sections 127(2), 115(2), 118(1), 109(1), 303(2), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that due to old enmity, the petitioner and one co-accused person dragged the informant from Toto vehicle and succeeded to get him fell down on ground. It is alleged that co-accused Mansur Alam assaulted the informant by means of knife. It is also alleged that the petitioner assaulted the informant by means of iron rod due to which blood was oozing from his head. The petitioner also pressed his neck by

Patna High Court CR. MISC. No.31799 of 2026(2) dt.07-05-2026 2/3 leg and snatched Rs. 4500/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that the petitioner is the full brother of the informant. The present case is counter blast of Pothia P.S. Case No. 301 of 2022 dated 19.12.2022 lodged by the Mansura Begum, wife of the petitioner for the offence punishable under Section 341, 323, 324, 326, 508, 354, 506/34 of the Indian Penal Code against the informant and his family members, in which the informant attacked with sharp spade on his head due to which he sustained grievously injury. The informant was always pressurizing the petitioner to compromise the said case. Learned counsel for the petitioner further submits that the allegation against the petitioner is that he assaulted with iron rod on the head of the informant due to which he sustained head injury, but the nature of injury mentioned in Annexure P/2 is simple in nature. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Pothia P.S. Case No. 231 of

Patna High Court CR. MISC. No.31799 of 2026(2) dt.07-05-2026 3/3 2025, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Kishanganj subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) premchand/- U T