Patna High Court
Mohammad GulaserversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied to petitioners 1 and 2 but granted to petitioners 3 and 4 with conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioners, four accused persons, sought anticipatory bail in a case (Madhepur PS Case No.130 of 2025) involving alleged assault with knives under multiple sections of the Bihar law and the Criminal Procedure Code. The prosecution alleged that the first two petitioners, Mohammad Gulaser and Md. Sahabuddin, assaulted the victim Ashif Ali, while the third and fourth petitioners, Md. Babul and Md. Yasin, were also implicated in the same assault. The petitioners argued that there is a counter‑case, both sides suffered injuries, and none have any prior criminal record. The State opposed bail for all, emphasizing the seriousness of the allegations. The High Court rejected anticipatory bail for petitioners 1 and 2, but granted it to petitioners 3 and 4 subject to strict conditions under Section 438(2) of the Cr.P.C., including bond, sureties, regular appearances before police and court, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted to the accused under Sections 189(2), 126(2), 115(2), 118, 109, 303(2), 352 and 76 of the Bihar statute and Cr.P.C. in view of the alleged assault.
- Whether the absence of prior criminal antecedent justifies anticipatory bail for the accused.
Legislation cited
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal assault
- Bihar
- High Court
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10197 of 2026
Arising Out of PS. Case No.-130 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
1. Mohammad Gulaser S/o- Late Jiyaul Rahman Village- Pachahi, W.No-4, PS-
Madhepur, District- Madhubani
2. Md. Sahabuddin S/o- Late Md. Mojibul Village- Pachahi, W.No-4, PS-
Madhepur, District- Madhubani
3. Md. Babul S/o- Motiur Rahman @ Md. Motiur Rahman Village- Pachahi,
W.No-4, PS- Madhepur, District- Madhubani
4. Md. Yasin @ Aihasan @ Md. Aihasan S/o- Md. Tajemul Hussain Village-
Pachahi, W.No-4, PS- Madhepur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 17-06-2026 Heard the parties.
2. The petitioners are apprehending arrest in
connection with Madhepur P.S. Case No. 130 of 2025 instituted
under Sections 189(2), 126(2), 115(2), 118, 109, 303(2), 352, 76
of the BNS lodged on 13.08.2025 by the informant, Shahjahan.
3. As per the prosecution story, the informant alleged
that when his son, Ashif Ali @ Ashik was returning home, the
accused persons named and armed variously resorted to assault.
The allegation is that Mohammad Gulaser and Md. Sahabuddin
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( petitioner nos. 1 and 2 respectively) assaulted on the chest and
neck by knives causing injury. Further, allegation of assault is
on other accused persons including the petitioner nos. 3 and 4
namely Md. Babul and Md. Yasin also. This led to the F.I.R.
4. Learned counsel for the petitioners submit that
there is case and counter case. Both sides have suffered injury
and they do not have criminal antecedent.
5. Learned APP on the other hand opposes the prayer
submitting that at least, the allegation against Gulaser and Md.
Sahabuddin is/are of assaulting Md. Ashif Ali @ Ashik by
knives and the said injuries have been found on the person of
Md.Ashif Ali @ Ashik
6. Taking into account the submissions of the parties
as also that the petitioner no.1, Mohammad Gulaser and
petitioner no.2, Md. Sahabuddin are concerned, no relief can be
extended. Their anticipatory bail application stand rejected.
7. So far as the petitioner nos. 3 namely Md. Babul
and petitioner no.04, namely Md. Yasin @ Aihasan are
concerned, considering the omnibus allegation of assault is/are
there against them, they do not have criminal antecedent, in that
background, this Court is inclined to extend them the privilege
of anticipatory bail.
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8. Let the petitioner no. 3, Md. Babul and petitioner
no.4, Md. Yasin @ Aihasan be released on bail, in the event of
their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each in connection with Madhepur P.S. Case
No. 130 of 2025 to the satisfaction of learned Judicial
Magistrate-1st Class, Jhanjharpur, Madhubani subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner nos. 3 namely Md. Babul and
petitioner no.04, namely Md. Yasin @ Aihasan who shall
provide official document (Aadhar Card/Driving License/Voter
ID/Pan Card etc.) to show his/her bona fide;
(ii) The petitioner nos. 3 namely Md. Babul and
petitioner no.04, namely Md. Yasin @ Aihasan shall be
appearing before the police station as and when required for
cooperating in the investigation;
(iii) the petitioner nos. 3 namely Md. Babul and
petitioner no.04, namely Md. Yasin @ Aihasan shall appear on
each and every date before the Trial Court and failure to do so
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for two consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioner nos. 3 namely Md. Babul and
petitioner no.04, namely Md. Yasin @ Aihasan shall appear
before the concerned police station every fortnight for next six
months to mark their attendance and at the end of the period a
certificate be submitted before the Trial Court failing which the
State shall be at liberty to take steps for cancellation of bail
bonds;
(v) the petitioner nos. 3 namely Md. Babul and
petitioner no.04, namely Md. Yasin @ Aihasan 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;
(vi) the petitioner nos. 3 namely Md. Babul and
petitioner no.04, namely Md. Yasin @ Aihasan 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.
9. This Court further observed that if the petitioner
no.1, Md. Gulaser and petitioner no.2, Md. Sahabuddin
respectively surrender within a period of four weeks from today
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and seek bail, the same be taken up and be disposed it of on the
same day.
(Rajiv Roy, J)
Ravi/Shivangi
U T
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