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Patna High Court

Md. KalamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        2/2




                      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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