Patna High Court
Md. Abdul Ahad @ BholaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was granted because the petitioner’s prior acquittals and the simple nature of the alleged injury outweighed the seriousness of the charges, subject to statutory conditions.
Summary
The petitioner, Md. Abdul Ahad (alias Bhola), applied for anticipatory bail fearing arrest in a case (PS‑182/2025) involving multiple offences under the Bharatiya Nyaya Sanhita and the Arms Act. The prosecution alleged that the petitioner, along with others, assaulted several individuals with lathis, rods, and firearms, resulting in injuries. The petitioner contended that he was falsely implicated, the injuries were simple, and the case stemmed from personal enmity and a related matter (PS‑180/2025). The State opposed the bail, but the court noted that the petitioner had been acquitted in two prior cases and was on bail in a third, and the alleged injury was not serious. Considering the nature of the offences, the petitioner’s criminal antecedents, and the principle of liberty, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond of Rs.10,000 with two sureties and compliance with investigative cooperation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s prior criminal antecedents, two of which resulted in acquittal and one where he is on bail, preclude the grant of anticipatory bail.
- Whether the injury caused to the alleged victim qualifies as a simple injury that warrants bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 74
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- assault
- weapon offence
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14811 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- Chhaudahi District- Begusarai
======================================================
Md. Abdul Ahad @ Bhola S/O Late Mazid Hussain Resident of village-
Sawant, Ward No. 13 PS- Chhaurahi, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyameshwar Kumar Singh, Adv.
Mr. Chaitanya Swaroop, Adv.
For the State : Mr. Kalyan Shankar, APP
For the informant : Mr. Randhir Kumar No.1., Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Chhaurahi P.S. Case No. 182 of 2025, registered for the
offence under sections 190, 191(2), 191(3), 126(2), 115(2),
118(1), 117(2), 109 (1), 74, 303(2), 352, 351(2) of the Bharatiya
Nyaya Sanhita, 2023 and U/s-27 of the Arms Act.
3. According to the prosecution case, the informant,
Nazrana Khatoon, stated that while her son Abid was on his way
to Md. Shamim's shop to purchase rations, she heard an outcry
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coming from the residence of Md. Bhola. Upon stepping
outside, she witnessed the accused Md. Abdul Ahad (alias
Bhola), Md. Taj Hasan, Md. Kurban, and Md. Rehan armed
with lathis, rods, and farsas, attacking her son’s head. When
Abdul Ahad @ Bhola) was confronted during the altercation, he
assaulted Md. Athar Imam with a rod and farsa, causing a head
injury that rendered him unconscious. Furthermore, when Md.
Anzar attempted to intervene, he was assaulted with lathis by
Md. Taj Hasan, Md. Kurban, and Md. Rehan, resulting in
another head injury. Subsequently, Md. Shamsher, Md. Noor
Alam, Gulsher, and Md. Naimutullah arrived brandishing
firearms and firing shots into the air. Accordingly the FIR.
4. Learned counsel for the petitioner submits that the
petitioner is innocent, has committed no offence, and has been
falsely implicated in this case. It is further submitted that
although there is an allegation that the petitioner assaulted Md.
Athar Imam on the head, the injury sustained was simple in
nature. Learned counsel further contends that the petitioner has
been dragged into the present case due to previous enmity, and it
is a counter-blast to Chhaurahi P.S. Case No. 180 of 2025.
Regarding the three criminal antecedents mentioned in
paragraph-3, the petitioner has been acquitted in two cases and
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is currently on bail in the third.
5. The learned APP opposes the anticipatory bail
application.
6. There is allegation against the petitioner of having
assaulted Md. Athar Imam on the head, but the same has
resulted in simple injury. Out of three criminal antecedents as
mentioned in paragraph-3 of the application, the petitioner has
been acquitted in two of them and in the third case the petitioner
is said to be on bail. Under these circumstances, this Court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory 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 Sub-Divisional
Judicial Magistrate, Manjhauli (Begusarai) in connection with
Chhaurahi P.S. Case No. 182 of 2025, subject to the conditions
laid down under Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with following conditions:
(i) the petitioner shall co-operate in the
investigation/trial.
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(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)
Prakash Narayan
U T
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