Patna High Court

Md. Ahsan Ali @ Md. AhsanversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail under Section 482 of the BNSS, 2023 is refused.

Summary

The petitioners, three residents of Barahpura, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a 2018 case (PS Lodipur Case No.65) involving alleged assault and theft of cash, ATM card, Aadhar, PAN and a mobile phone. The FIR named four unknown accused; the petitioners claim they have no involvement and assert innocence, noting that one petitioner has a clean record while the other two have prior convictions. The State opposed the bail, arguing the seriousness of the alleged offence under Section 392 of the IPC. The Court examined the nature of the allegations, the lack of any arrest or seizure of incriminating material, and the petitioners' willingness to comply with conditions. It refused the anticipatory bail, directing that if the petitioners surrender within four weeks, regular bail may be considered without prejudice to this order.

Issues considered

Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in a case involving alleged assault and robbery under Section 392 IPC.
Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482
Indian Penal Code — s. 392

Subjects

anticipatory bail
Section 482
BNSS 2023
IPC 392
criminal miscellaneous
bail jurisprudence
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15360 of 2026
                      Arising Out of PS. Case No.-65 Year-2018 Thana- LODIPUR District- Bhagalpur
                 ======================================================
           1.     Md. Ahsan Ali @ Md. Ahsan Son of Alauddin Khilgi @ Md. Allauddin
                  Resident of village- Barahpura, Ps- ishakchak, Dist- Bhagalpur
           2.    Md. Shahbaj Akhtar @ Md. Sibbu son of Md. Naziruddin Resident of
                 village- Barahpura, Ps- ishakchak, Dist- Bhagalpur
           3.    Sintu @ Md. Pera @ Md. Sintu Khan son of Late Abdul Mojid Khan @ Md.
                 Sayeed Khan @ Mangal Khan @ Md. Abdul Majid Resident of village-
                 Barahpura, Ps- ishakchak, Dist- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                    Heard Learned Counsel for the petitioners and

                   Learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioners who apprehend arrest

                   in connection with Lodipur P.S. Case No.65 of 2018, lodged on

                   06.04.2018, under Section 392 of the Indian Penal Code.

                                3. As per the prosecution, FIR has been lodged against

                   four unknown accused persons with allegation that they

                   assaulted the informant and snatched cash of Rs.42,000/-, ATM
          Patna High Court CR. MISC. No.15360 of 2026(2) dt.25-03-2026
                                                      2/2




                    card, Aadhar Card, PAN card and Jio Mobile phone.

                                 4. Learned Counsel for the petitioners submits that

                    the petitioners are innocent and have committed no offence.

                    Counsel submits that antecedent of the petitioner No.1 is clean

                    whereas petitioner Nos.2 and 3 have one criminal antecedent.

                    Counsel submits that petitioners have no concern either with the

                    alleged occurrence or with the accused persons, who have

                    committed the offence. He submits that neither petitioners have

                    been arrested on spot nor any incriminating article has been

                    recovered. Counsel submits that they are ready to fulfill all the

                    conditions whatsoever shall be imposed upon them.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioners.

                                 6. Considering the nature of allegation, the prayer for

                    anticipatory bail of the petitioners is refused. However, in the

                    event of surrender of the petitioners within four weeks from

                    today, the prayer for regular bail shall be considered without

                    being prejudiced by the order of this Court.

                                                                         (Dr. Anshuman, J)
    Mkr./-

U     T

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