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Patna High Court

Mohammad GulaserversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.10197 of 2026(6) dt.17-06-2026
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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.
Patna High Court CR. MISC. No.10197 of 2026(6) dt.17-06-2026
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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
Patna High Court CR. MISC. No.10197 of 2026(6) dt.17-06-2026
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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
           Patna High Court CR. MISC. No.10197 of 2026(6) dt.17-06-2026
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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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