Patna High Court
Md. Jamal @ Md. Jamal Naddaf @ Md. Zamal Nadaf @ Md. Jamal NaddaeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, directing his release on bail bond subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Md. Jamal, applied for anticipatory bail in a case alleging offences under Sections 64 and 3(5) of the B.N.S., relating to a purported rape incident. He claimed a clean antecedent and asserted that the FIR was false, alleging that the informant had an illicit relationship with his brother and that the police investigation exonerated him. The State opposed the bail, contending the seriousness of the allegations. The court examined the submissions, noting the lack of concrete evidence and the police’s exoneration, and considered the conditions under Section 482(2) of the B.N.S.S. for granting bail. It ordered the petitioner to be released on bail with a bond of Rs.10,000 and two sureties, subject to the trial court’s satisfaction, and allowed the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case involving alleged rape under Sections 64 and 3(5) of the B.N.S.
- Whether the petitioner is likely to abscond, tamper with evidence, or influence witnesses.
- Whether the FIR is based on false allegations and the petitioner’s innocence as per police investigation.
Legislation cited
Subjects
- anticipatory bail
- rape allegation
- false FIR
- Section 64
- Section 3(5)
- Section 482(2)
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14204 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Md. Jamal @ Md. Jamal Naddaf @ Md. Zamal Nadaf @ Md. Jamal Naddae
S/o- Md. Jalil Nadaf @ Jalil Nadaf @ Md. Zalil Nadaf R/v- Pokharam,
Pokhram, P.S- Biraul, District-Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o- Gangaram Mandal R/v- Pokharam, Pokhram, P.S- Biraul, District-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra
For the Opposite Party/s : Mr.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 64 and 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that on 27.08.2025 at 1.30 A.M., the
informant was sleeping in her house, but the door of the house
was opened due to excessive heat taking advantage of the same
the petitioner along with Md. Sattar Nadaf entered her house,
the petitioner pressed the mouth of the informant by towel and
Patna High Court CR. MISC. No.14204 of 2026(3) dt.20-04-2026
2/4
Md. Sattar Nadaf started raping her, when her husband all of a
sudden came from Mumbai and saw the occurrence, thus
objected and raised an alarm when father of the accused
persons, who was standing outside in the courtyard, came inside
and tried helping the accused persons in fleeing, petitioner fled
but Md. Sattar Nadaf was apprehended by neighbours. It is next
alleged that since father of the accused persons is a Chaukidar,
hence Md. Sattar Nadaf also left. It is next alleged that the next
day the informant went to the police station where father of the
accused persons including the petitioner threatened that if she
will institute a case or will give any byte to the media against
him, then her three years old son would be killed, hence on
account of threat, she disclosed to the media what was tutored
by the father of the accused persons, but subsequently based on
support of villagers, the FIR was instituted.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner and Md. Sattar
Nadaf are brothers. It is further submitted that informant was
having an illicit relationship with Md. Sattar Nadaf and thus had
kept the door of the house opened in absence of her husband and
Md. Sattar Nadaf might have gone to the house of the informant
Patna High Court CR. MISC. No.14204 of 2026(3) dt.20-04-2026
3/4
since they were in relationship. It is submitted that unexpectedly
the husband the informant came and he might have seen them in
a compromising position, but then, by way of afterthought
implicated the entire family members. It is also submitted that it
does not appear probable that informant would have slept in the
night leaving the door open because of hot whether. It is also
submitted that police after investigation came to a considered
conclusion that petitioner is innocent thus submitted final form
exonerating the petitioner of the allegations as alleged in the
FIR, but then, the learned Trial Court in a mechanical manner
differing with the police report took cognizance, hence
petitioner apprehends arrest. It is next submitted that one
investigating agency after threadbare investigation came to a
considered conclusion that petitioner is innocent whether it
would be prudent for the Court to send the petitioner to jail
based on an order of cognizance which came to be taken based
on the same police report which exonerated the petitioner of the
allegations.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
Patna High Court CR. MISC. No.14204 of 2026(3) dt.20-04-2026
4/4
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Biraul P. S. Case
No.315 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…