Patna High Court
Md. ImranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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