Patna High Court

Md. Sarwar Sah @ Md. SarwarversusThe State of Bihar

Decided: 28 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Md. Sarwar Sah, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant. The FIR, lodged 11 days after the alleged incident, implicated other co‑accused in the assault, while the petitioner claimed no specific overt act against him and asserted his innocence and clean antecedent. The State opposed the bail application. The Court considered the delay in filing the FIR, the lack of specific allegations against the petitioner, and his clean record, and consequently granted anticipatory bail subject to surrender within eight weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs the petitioner to appear before the Chief Judicial Magistrate of Darbhanga if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the delay in lodging the FIR and the absence of specific allegations against the petitioner justify anticipatory bail.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to condition the bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352

Subjects

anticipatory bail
delay in FIR
clean antecedent
assault
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14954 of 2026
                     Arising Out of PS. Case No.-205 Year-2024 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Md. Sarwar Sah @ Md. Sarwar S/o Md. Sakil Sah @ Mohammad Shakil R/o
                 - Vajitpur, P.S - Kamtaul, District - Darbhanga, Bihar, Corresponding address
                 Vill - Bhataura, P.S.- Bisfi, Distt.- Madhubani, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   117(2), 109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                3. As per F.I.R., co-accused Md. Mumtaz assaulted on

                   the head of informant with iron rod and co-accused Md.

                   Rahamatullah along with other named accused persons

                   assaulted on different body parts of the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Specific

                   accusation of assault is against other accused persons.

                   Allegation against petitioner is general and omnibus and there is
              Patna High Court CR. MISC. No.14954 of 2026(2) dt.28-04-2026
                                                          2/2




                        no allegation of any specific overt act against petitioner. F.I.R.

                        has been lodged after inordinate delay of about 11 days which

                        itself raises doubt over veracity of the prosecution case.

                        Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, delay in lodging

                        the F.I.R., nature of accusation and clean antecedent, this

                        anticipatory bail is allowed and it is ordered that let the above

                        named petitioner in the event of his arrest/surrender before the

                        court below within a period of eight weeks from today, be

                        enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of learned Chief Judicial Magistrate, Darbhanga in

                        connection with Kamtaul P. S. Case No. 205 of 2024, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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