Patna High Court
Md. HusenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail should be granted to the petitioners as there is no specific case against them and they have clean antecedents, subject to conditions.
Summary
The petitioners, a group of villagers, were named in an FIR alleging participation in a mob assault on police personnel during a vehicle‑accident incident. They sought anticipatory bail, claiming they were falsely implicated and have clean antecedents. The State opposed the bail but admitted there was no specific case against the petitioners. The court examined the FIR, noted the lack of specific allegations against the named petitioners, and considered their clean records. Relying on Section 482(2) of the B.N.S.S. 2023, the court granted anticipatory bail with stringent conditions, including bond, sureties, and compliance with procedural directives. The order directs the petitioners to appear before the trial court and prohibits witness tampering or further offences.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the FIR alleging multiple offences.
- Whether there is a specific case made out against the petitioners under the listed IPC sections.
- Whether the court may impose conditions under Section 482(2) of the B.N.S.S. 2023 while granting anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 121(1), 121(2), 125(b), 126(12), 127(2), 132, 137(2), 190, 191(2), 191(3), 307, 309(5), 324(5), 331(5), 351(2), 351(3), 352, 61(2)
Subjects
- anticipatory bail
- FIR
- mob assault
- police violence
- clean antecedents
- Section 482
- bail conditions
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10208 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- AMDABAD District- Katihar
======================================================
1. Md. Husen S/o Abdul Rashid R/o Village - Jamda Ratanpur, P.S - Amdabad,
District - Katihar
2. Amir Hussain S/o Suleman R/o - Chhota Lakhanpur, P.S - Amdabad, District
- Katihar
3. Gayasuddin S/o Idrish R/o - Jiyamari, P.S - Amdabad, District - Katihar
4. Akhatar S/o Niyajuddin @ Riyajuddin R/o - Jiyamari, P.S - Amdabad,
District - Katihar
5. Md. Mojahid @ mojahid S/o Md. Ismail R/o - Jiyamari, P.S - Amdabad,
District - Katihar
6. Md. Sadakas S/o Md. Ismail R/o - Jiyamari, P.S - Amdabad, District -
Katihar
7. Jahangir Alam S/o Fajlu Haque R/o - Jiyamari, P.S - Amdabad, District -
Katihar
8. Ahmad Hussain S/o Fajlu Haque R/o - Jiyamari, P.S - Amdabad, District -
Katihar
9. Mansur S/o Ishaque R/o - Jiyamari, P.S - Amdabad, District - Katihar
10. Salaluddin @ Salauddin S/o Asraad Ali R/o - Jiyamari, P.S - Amdabad,
District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Adv
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard Mr. Ajit Kumar Singh, learned counsel for
the petitioners and the learned APP for the State.
2. This application for grant of anticipatory bail arises
out of Amdabad Police Station Case No. 237 of 2025 dated
26.09.2025, disclosing the offence under Sections 191(2),
191(3), 190, 126(12), 127(2), 115(2), 109, 331(5), 132, 121(1),
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121(2), 309(5), 307, 352, 351(2), 351(3), 61(2), 125(b), 137(2)
and 324(5) of the BNS lodged by the informant, Amit Kashyap.
3. According to F.I.R., prosecution case, in a nutshell,
is that informant/the police officer received a telephonic call
from dial no. 112 to this effect that there has been a vehicle
accident at village Jamaipara, then informant along with local
Chowkidar arrived to the said village, he saw the mob of 400-
500 persons there. Informant has further alleged that on being
asked, some local persons informed him that two persons riding
on motorcycle were coming and in that course, they dashed to
one Abdul Rahman who was a resident of village Jamaipara.
Further, persons disclosed that said two motorcycle riders have
been kept in the house of Abdul Rahman by the villagers.
Hence, informant went to the courtyard of Abdul Rahman for
taking up the custody of said motorcycle riders as well as
alleged motorcycle, then he saw that there were to 200 persons
present inside and outside of the house of Abdul Rahman. The
informant has further alleged that when he asked about said both
motorcycle riders then accused-petitioners namely 1. Murtaza 2.
Md. Akbar 3. Md. Husen 4. Md. Sadakas 5. Md. Mojahid 6.
Jahangir Alam 7. Amir Hussain 8. Ahmad Hussain 9. Akhatar
10. Gayasuddin 11. Salauddin 12. Mansur and some other
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accused persons got furious and caused hindrance in legal
proceedings, then the aforesaid accused-petitioners and about
150 unknown persons and other accused named in F.I.R abused
the police personnel and also used criminal force against them
and they also tried to snatch the rifle from police personnel and
on protest all aforesaid persons started assaulting to the police
personnel and they further made lethal attack on the police
personnel and they also caused injury on the head of a
constable, namely Hitendra Kumar. They also brutally assaulted
the informant. Later on, Hitendra Kumar was taken to PHC
Amdabad for treatment. Accordingly, the present FIR.
4. Learned counsel for the petitioners submits that the
petitioners have not committed any offence as alleged in the FIR
and they have falsely been implicated in this case and the
allegations against these petitioners are general and omnibus in
nature. The FIR has been lodged against 18 named accused
persons and 150 unknown persons. All these petitioners have
got clean antecedents.
5. On the other hand, learned APP opposes the
prayer for anticipatory bail of the petitioner but concedes that
there is nothing specific against these petitioners.
6. Considering the fact that that there is nothing
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specific against these petitioners and they have got clean
antecedents, this Court is inclined to grant the petitioners the
privilege of anticipatory bail.
7. This application for anticipatory bail is,
accordingly, allowed.
8. Let the petitioners, named above, in the event
of their arrest or surrender before the Court below within six
weeks from today, 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 learned Chief Judicial
Magistrate, Katihar in connection with aforesaid Police Station
Case subject to the condition as laid down under Section 482 (2)
of the B.N.S.S. 2023, as well as the following conditions:-
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document 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
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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
(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 his/her bail bonds.
(Ajit Kumar, J)
perwez
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