Patna High Court
Md. KalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, granting bail subject to verification of the petitioners’ clean antecedent and compliance with Section 438(2) CrPC conditions.
Summary
The petitioners, a father and his two sons, were implicated in an investigation for allegedly assaulting a police party in Vishnupad, Gaya, though their names do not appear in the FIR. They filed an anticipatory bail application under Section 438(2) of the CrPC, asserting a clean antecedent and arguing that the allegations were general and omnibus. The State opposed the bail, citing numerous serious offences listed under the B.N.S., 2023. The Court examined the facts, noted the absence of the petitioners’ names in the FIR, and considered their claim of a clean antecedent. It allowed the anticipatory bail, directing the lower court to release them upon furnishing a bail bond of Rs 10,000 each with two sureties, subject to verification of their antecedent. The order also imposed the standard conditions of Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail can be granted when the accused are not named in the FIR but are mentioned in the investigation.
- Whether a claim of clean antecedent suffices to justify anticipatory bail despite serious charges.
- Whether the conditions prescribed under Section 438(2) CrPC are satisfied in the present case.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 121(2), 126(2), 132, 190, 191(2), 191(3), 195, 238, 324, 326(g), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 438 CrPC
- clean antecedent
- assault on police
- bail conditions
- FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14847 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- VISHNUPAD District- Gaya
======================================================
1. Md. Kalam S/o Md. Aslam R/o Mohalla - Ghughri Tand By-pass, P.S -
Vishnupad, District - Gaya
2. Raja @ Shahnawaz Alam S/o Shoukat Ali @ Shoukat R/o Mohalla -
Ghughri Tand By-pass, P.S - Vishnupad, District - Gaya
3. Vicky @ Md. Shahnawaz S/o Md. Yusuf Khan @ Md. Yousuf Khan R/o
Mohalla - Ghughri Tand By-pass, P.S - Vishnupad, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. This application for anticipatory bail arises out of
Vishnupad P.S. Case No.173 of 2025 registered for the offence
punishable under sections 191(2), 191(3), 190, 126(2), 115(2),
109, 121(2), 132, 324, 195, 326(g), 74, 238, 352 and 351(2) of
the B.N.S., 2023.
3. Some unknown persons are said to have assaulted
the police party. The name of the petitioners has come during
investigation.
4. It has been submitted on behalf of the petitioners
that the petitioners are father and sons and they are not named in
the F.I.R. He further submits that the petitioners have clean
Patna High Court CR. MISC. No.14847 of 2026(2) dt.25-02-2026
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antecedent and there is general and omnibus allegation against
them.
5. Considering the facts of the case and also the
submissions made on behalf of the petitioners, this application is
allowed.
6. Let the petitioners, above named, in the event of
their arrest/surrender within four weeks from today in the Court
below, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M., VI,
Gaya /concerned Court below, in connection with Vishnupad
P.S. Case No.173 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure.
7. As the petitioners claim to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioners, is directed to verify the antecedent of the petitioners.
The bail bonds of the petitioners shall only be accepted by the
Court below if it is found that they have clean antecedent.
(Sandeep Kumar, J)
Ranjeet/-
U T
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