Created by Fuzzy Cloud

Patna High Court

Md. ImranversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioners' application for anticipatory bail.

Summary

The petitioners, Md. Imran and Md. Anwar, sought anticipatory bail fearing arrest in Bisfi Police Station Case No. 125 of 2024, which alleged offences under several IPC sections including murder. The prosecution alleged they assaulted the informant's father, causing his death, but the petitioners claimed innocence, asserting that the police investigation had exonerated them and that no specific allegation of assault was made against them. The State opposed the bail application. The Court examined the lack of specific charges and the police exoneration, and concluded that the petitioners were entitled to anticipatory bail. Accordingly, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, with a bail bond of Rs.10,000 and two sureties. The order directs release upon arrest or surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted when the petitioners are not specifically alleged to have committed the assault and have been exonerated by police.
  • Whether the State's opposition to bail is sufficient to deny anticipatory bail in the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Indian Penal Code
  • police exoneration
  • bail conditions
  • section 438
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14293 of 2026
                       Arising Out of PS. Case No.-125 Year-2024 Thana- BISFI District- Madhubani
                 ======================================================
           1.     Md. Imran S/o Md. Zahir Resident of Village- Chhachhuwa, Purbi tola, P.S.-
                  Bisfi, District- Madhubani
           2.    Md. Anwar S/o Md. Sultan Resident of Village- Chhachhuwa, Purbi tola,
                 P.S.- Bisfi, District- Madhubani

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Bisfi P.S. Case No. 125 of 2024, for offences under

                   Sections 147, 148, 149, 341, 323, 302, 504 of the Indian Penal

                   Code.

                                3. As per prosecution case, petitioners and others are

                   said to have assaulted the father of the informant causing his

                   death.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. There is no specific allegation of assault or overt
            Patna High Court CR. MISC. No.14293 of 2026(2) dt.25-02-2026
                                                        2/2




                      act against these petitioners rather the allegation is general and

                      omnibus. He further submits that after investigation Police has

                      exonerated the petitioner but the Magistrate has taken

                      cognizance deferred with the final form.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the above facts and circumstances of

                      the case and there is no specific allegation of assault as against

                      the petitioners and the Police has exonerated the petitioners, the

                      application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioners, above-named, in

                      the event of arrest or surrender within four weeks from today in

                      the Court below, be released on anticipatory bail on furnishing

                      bail bonds of Rs.10,000/- (Rupees ten thousand) each with two

                      sureties of the like amount each to the satisfaction of learned

                      A.C.J.M.-1, Benipatti, Madhubani/concerned Court below, in

                      connection with Bisfi P.S. Case No. 125 of 2024, subject to the

                      conditions as laid down under Section 438(2) of the Code of

                      Criminal Procedure, 1973/ Section 482(2) of the BNSS.


                                                 (Sandeep Kumar, J)

Ranjeet/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.