Md . Noor Alam Vs The state of Bihar — Patna HC (2026) — LawSathi Research

Md . Noor Alam Vs The state of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail allowed to both petitioners: release on bail upon arrest or surrender within four weeks before the Court below, on bail bond of Rs. 10,000/- each with two sureties of the like amount each before learned JMFC, Hajipur at Vaishali, conditioned on deposit of Rs. 5,000/- each in the Chief Minister's Relief Fund through Demand Draft (receipt to be filed at furnishing bail bond) and compliance with Section 482(2), Bhartiya Nagrik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, named accused in Baligoan Police Station Case No. 117 of 2025 arising from the Moharam procession incident, should be granted anticipatory bail.

Court's answer

Taking into consideration that a co-accused was granted anticipatory bail by a Co-ordinate Bench of this Court, the Court granted the petitioners the privilege of anticipatory bail subject to the condition that both petitioners deposit Rs. 5,000/- each in the Chief Minister's Relief Fund through Demand Draft, with the acknowledgment receipt submitted before the learned trial Court at the time of furnishing bail bond.

Ratio / Principle

In the event of arrest or surrender before the Court below within four weeks, the petitioners are to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate First Class, Hajipur at Vaishali, in connection with Baligaon Police Station Case No. 117 of 2025, subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 and the aforesaid conditions.

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J.), oral order dated 08-04-2026 in Criminal Miscellaneous No. 18635 of 2026: anticipatory bail granted to Md. Noor Alam and Shadrul @ Shadul @ Md. Sadre Alam in connection with Baligoan Police Station Case No. 117 of 2025 (FIR dated 08.07.2025), disclosing offences under Sections 191(2)/191(3)/190/323/192/132/109/351(2)/326(b)/324(5)/324(6) of the Bhartiya Nyaya Sanhita and Sections 3/7/9 of the Bihar Control and Consumption of Loudspeakers Act, 1955. Prosecution allegation: a Moharam procession with loud DJ music blocked the National Highway; a motorcycle rider hit a bus from Samastipur, whereupon the petitioners with other accused persons put the bus on fire and assaulted the driver. Bail was granted taking into consideration that a co-accused had already been granted anticipatory bail by a Co-ordinate Bench in Cr. Misc. No. 15314 of 2026. Conditions: both petitioners to deposit Rs. 5,000/- each in the Chief Minister's Relief Fund through Demand Draft, receipt to be submitted before the trial Court at the time of furnishing bail bond; on arrest or surrender within four weeks, release on bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate First Class, Hajipur at Vaishali, subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. Application allowed.