Patna High Court
Md. TajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioners subject to a bond and conditions under the BNSS, 2023.
Summary
The petitioners sought anticipatory bail in connection with FIR No.676 of 2025 alleging offences under Sections 126(2), 115(2), 127(2), 127(3), 109, 303(2) and 3(5) of the Bihar Negotiable Security Act, 2023, including abduction, assault and theft of Rs.25,000. The prosecution argued that the FIRs were linked and that the petitioners were likely to interfere with the investigation. The petitioners contended they were innocent, highlighted a prior criminal antecedent of two of them, and argued that the alleged abduction victim had returned voluntarily, making the case retaliatory. The court examined the factual matrix, the nature of the allegations, and the statutory provisions governing anticipatory bail. It held that the petitioners could be released on anticipatory bail, subject to a bond of Rs.30,000 each and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023, to be satisfied by the Sub‑Divisional Judicial Magistrate, Masaurhi.
Issues considered
- Whether anticipatory bail is appropriate in view of the offences alleged in the FIRs
- Whether the alleged linkage between the two FIRs justifies denial of bail
- Whether the petitioners pose a risk of fleeing, tampering with evidence or influencing witnesses
Subjects
- anticipatory bail
- criminal procedure
- FIR
- Bihar Negotiable Security Act
- section 126
- section 115
- section 127
- section 109
- section 303
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10955 of 2026
Arising Out of PS. Case No.-676 Year-2025 Thana- MASAUDHI District- Patna
======================================================
1. Md. Taj S/o Sultan Malik Resident of village - Rahmatganj, P.S.- Masaurhi,
Dist.- Patna
2. Sabir @ Mona @ Md. Sabir Ansari S/o Md. Sadruddin R/o vill - Malikana,
P.S.- Masaurhi, Distt- Patna
3. Niranjan Kumar @ Chitranjan Kumar S/o Surendra Prasad R/o vill -
Nauabagh, P.S.- Masaurhi, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Anwar, Adv.
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Masaurhi P.S. Case No.676 of 2025 lodged on
20.08.2025, for the offences punishable under Sections 126(2),
115(2), 127(2), 127(3), 109, 303(2) and 3(5) of the B.N.S.,
2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioners
against whom there is allegation that they have abducted the
brother of the informant on pistol point, but subsequently, the
abducted brother of the informant returned back and allegation
of assault and snatching of Rs.25,000/- are there in the FIR
against the petitioners.
Patna High Court CR. MISC. No.10955 of 2026(2) dt.12-03-2026
2/3
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel also submits that there is one criminal antecedent of
petitioner No.1 and 3 in which they are on bail, whereas
petitioner No.2 has clean antecedent.
5. Counsel further submits that there is one criminal
case filed against the brother of the informant in the same P.S.
by the resident of the same village where the petitioners belong.
He further submits that upon bare reading of the both the FIRs,
it transpires that the alleged abducted accused used to disturb
the informant of another case and date of occurrence of both the
FIRs are alleged to be taken on 19.08.2025, but time is different,
one at 2:30 noon and another in the night on the same day.
6. Counsel further submits that when the brother of
the informant received information that his younger brother has
committed offence for which villagers of the petitioners are
going to file criminal case against him, then with a view to
defend, he has filed the criminal case alleging the petitioners.
7. Counsel further submits that though the allegation
of abduction is there in the FIR, but FIR itself indicates that the
alleged abducted person has automatically returned back. He
further submits that the present case is the result of saving the
Patna High Court CR. MISC. No.10955 of 2026(2) dt.12-03-2026
3/3
skin of the brother of the informant.
8. Counsel further submits that the petitioners are
ready to fulfill all the conditions whatsoever shall be imposed
upon them.
9. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that there is direct linkage
between the FIRs. One has been filed by the villagers of the
petitioners against the brother of the informant and another case
has been filed by the informant against the petitioners.
10. In the present facts and circumstances of this case,
let the above named petitioners be released on anticipatory bail,
in the event of arrest or surrender before the learned Court
below within a period of 4 weeks from today, on furnishing bail
bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Sub-Divisional Judicial Magistrate, Masaurhi,
Patna, in connection with Masaurhi P.S. Case No.676 of 2025,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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