Patna High Court
Md NasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Md Nasim, sought anticipatory bail in a case (Janta Bazar PS Case No. 201 of 2022) involving alleged offences under Sections 366(A), 323, 325/34 of the IPC. The prosecution alleged that six accused abducted the informant’s niece at gunpoint and assaulted the informant’s mother, with the petitioner allegedly involved. The petitioner contended innocence, claiming false implication due to village enmity and highlighting a delay of over one month in filing the FIR, as well as a clean criminal record. The State opposed the bail, but the court noted that the petitioner’s father had already been granted anticipatory bail in a related matter and considered the FIR delay and lack of antecedent. Consequently, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including a bond and sureties, cooperation with investigation, and verification of criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the pending charges under the IPC.
- Whether the delay in filing the FIR and the petitioner’s clean criminal record justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 323, 325, 34, 366(A)
Subjects
- anticipatory bail
- delay in FIR
- criminal antecedent
- village enmity
- IPC offences
- bail conditions
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11074 of 2026
Arising Out of PS. Case No.-201 Year-2022 Thana- JANTA BAZAR District- Saran
======================================================
Md Nasim S/O Md Manauvar @ Manauar Ali R/o Vill-Badarjamin, P.o-
Dhamsar, Ps-Janta Bazar, Dist-saran, Add as per FIR - Banpura Latif, South
Tola, Po-dhamsar, Ps-janta Bazar, Dist-saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Adv
Ms. Harshita, Adv
For the State : Mr. Abhay Kumar, APP
For the Informant : Mr. Yashraj Bardhan, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard Mr. Brajesh Sahay, learned counsel for the
petitioner and Mr. Abhay Kumar, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Janta Bazar P.S. Case No. 201 of 2022, registered for the
offence punishable under Sections 366(A), 323, 325/34 of the
IPC.
3. The case of the prosecution, in short, is that while
returning home from the market around 8:00 P.M., the
informant’s mother and another woman were intercepted near
Sirastapur Kali Sthan by a white Bolero. Six accused persons
forcibly abducted the informant’s niece at gunpoint and
threatened the informant’s mother to leave silently. After being
informed of the incident, the informant went to confront the
accused, where Manwar Ali allegedly attacked her with an iron
Patna High Court CR. MISC. No.11074 of 2026(3) dt.01-04-2026
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rod, causing a fracture in her arm while she tried to defend
herself.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in the present case due to village enmity.
He further submits that the FIR was register after a delay of
more than one month. He further submits that the petitioner has
no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Despite the fact that the petitioner has approached
the Court belatedly, it cannot be ignored that the co-accused,
namely, father of the petitioner has already been granted
anticipatory bail by order dated 19.10.2023 passed in Cr. Misc.
No. 64611 of 2023. Further, the complaint case was lodged after
a delay of more than one month and the petitioner does not
have criminal antecedent. Considering all these facts and
circumstances, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
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Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Saran at Chapra in connection with Janta Bazar P.S. Case No.
201 of 2022, subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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