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Patna High Court

Md. TajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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