Md. Alauddin @ Alauddin Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Md. Alauddin @ Alauddin Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner to be released on anticipatory bail in the event of arrest or surrender before the court below within six weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Katihar, in connection with Sudhani P.S. Case No. 04 of 2026, subject to Section 482(2) of the B.N.S.S. and four additional conditions (bona fide bailor; attendance on every date before the Trial Court; no tampering with witnesses/evidence; desistance from further offences).

Issue for consideration

Whether the petitioner, apprehending arrest in Sudhani P.S. Case No. 04 of 2026 dated 07.02.2026 for offences punishable under Sections 115(2), 126(2), 64, 352 and 3(5) of the B.N.S., 2023, is entitled to anticipatory bail.

Court's answer

Taking into consideration that the medical report does not support the prosecution case and that the petitioner has no criminal antecedent, the Court granted anticipatory bail: the petitioner is to be released on bail in the event of arrest or surrender before the court below within six weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Katihar, subject to the conditions under Section 482(2) of the B.N.S.S. and further conditions imposed by the Court (one bailor to be a family member/relative/known person with bona fides; appearance on every date before the Trial Court with default on two consecutive dates entailing cancellation; no inducement, promise or threat to witnesses or tampering with evidence; desistance from further criminal offences).

Ratio / Principle

The grounds for granting anticipatory bail were that the medical report does not support the prosecution case and the petitioner has no criminal antecedent.

Detailed headnote1 paragraphs

Anticipatory bail - Offences punishable under Sections 115(2), 126(2), 64, 352, 3(5) of the B.N.S., 2023 (Sudhani P.S. Case No. 04 of 2026, District Katihar; allegation of rape on the Informant/victim girl) - Medical report does not support the prosecution case and petitioner has no criminal antecedent - Anticipatory bail granted: release in the event of arrest or surrender within six weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Katihar, subject to Section 482(2) of the B.N.S.S. and conditions requiring presence before the Trial Court on every date, bona fide bailor, and abstention from influencing witnesses or tampering with evidence.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30226 of 2026

Arising Out of PS. Case No.-4 Year-2026 Thana- SUDHANI District- Katihar

======================================================

Md. Alauddin @ Alauddin son of Md. Akhtar @ Md. Akhter Alam Resident of village- Pomra Barol PS -Sudhani,Dist- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Md Rahmatullah, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

3 14-07-2026

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Sudhani P.S. Case No. 04 of 2026 dated 07.02.2026 registered for the offence punishable under Section/s 115(2), 126(2), 64, 352, 3(5) of the B.N.S., 2023.

As per the prosecution case, the accusation against the petitioner is of forcibly committing rape upon the victim girl, who is the Informant in this case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged in the F.I.R. It is next submitted that the petitioner has clean antecedent and has falsely been implicated in the instant case. It is further submitted that after divorce having been taken place

Patna High Court CR. MISC. No.30226 of 2026(3) dt.14-07-2026 2/3

between the Informant and her husband, the family members were pressurizing the petitioner to marry with her and, on refusal to do so, the petitioner has been falsely implicated in this case. It is the case of the petitioner that even the medical report does not support the prosecution case and the compromise has also been arrived at between the parties, which fact has also been mentioned in the impugned order.

Learned APP for the State opposes the prayer for grant of anticipatory bail.

Having heard learned counsel for the parties and taking into consideration the fact that the medical report does not support the prosecution case and, as also, the petitioner having no criminal antecedent, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Katihar in connection with Sudhani P.S. Case No. 04 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:

(i) One of the bailors should be the family

Patna High Court CR. MISC. No.30226 of 2026(3) dt.14-07-2026 3/3

member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

(Ajit Kumar, J)

rishi/-

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