Patna High Court
Md. ShahwajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to all petitioners, holding that the lack of specific allegations and the presence of a case‑and‑counter‑case warranted bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, five residents of Laxminiya village, sought anticipatory bail after a FIR was lodged alleging they brutally assaulted an informant, attempted kidnapping, and caused grievous injury under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. They claimed innocence, asserted that the allegations were vague and not specifically directed at any individual, and highlighted a case‑and‑counter‑case between the parties. The State opposed the bail, arguing the seriousness of the offences. The Court observed that the FIR contained only general, omnibus allegations without specific attribution to each accused and noted the disclosed case‑and‑counter‑case. Consequently, the Court granted anticipatory bail to all petitioners, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains general, non‑specific allegations against multiple accused.
- Whether the existence of a case‑and‑counter‑case influences the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 118(1), 126(2), 127(2), 191(2), 329(4), 351(2), 352, 482(2), 75
Subjects
- anticipatory bail
- general allegation
- case and counter case
- criminal procedure
- section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1565 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- ALAMNAGAR District- Madhepura
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1. Md. Shahwaj S/O Md. Kiyam R/O Village- Laxminiya, P.S- Alam Nagar,
Distt.- Madhepura.
2. Md. Hasim @ Md. Hasib S/o Md. Liyakat R/O Village- Laxminiya, P.S-
Alam Nagar, Distt.- Madhepura.
3. Md. Israfil S/O Md. Taslim R/O Village- Laxminiya, P.S- Alam Nagar,
Distt.- Madhepura.
4. Md. Miyakil @ Md. Mikayail S/O Md. Taslim R/O Village- Laxminiya, P.S-
Alam Nagar, Distt.- Madhepura.
5. Md. Saddik S/O Md. Gulam Rasul @ Md. Liyakat R/O Village- Laxminiya,
P.S- Alam Nagar, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pooja Prasad
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
329(4), 126(2), 127(2), 115(2), 118(1), 75, 352, 351 (2) of
B.N.S., 2023.
3. Allegation against the petitioners is that they
brutally assaulted the informatn with variously armed and
attempted to kidnap but later on the petitioners managed to
Patna High Court CR. MISC. No.1565 of 2026(2) dt.28-01-2026
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escape . The further allegation is that accused persons started
assaulting the informant’s aunt and demolishing the fence of her
house and caught hold the informant by accused Shamshad and
brutally assaulted with rod causing grievous injury at the head
of informant. All petitioners also misbehaved her and took
jewellery form her. Hence the present case.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. He further submits that there is no specific
allegation against the petitioners of assault and the petitioners
have no criminal antecedent, as statement made in para 3 of the
bail application. He also submits that there is case and counter
case between the parties.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the fact that there is general and omnibus
allegation against the petitioners, with no specificity of
allegation assigned to any of the petitioners and also given the
fact that there is case and counter case which has been disclosed
in paragraph 8 of the application, I am inclined to grant
privilege of anticipatory bail to all the petitioners.
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7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Judicial Magistrate, Ist Class,
Udakishunganj, Madhepura, in connection with Alamnagar P.S.
Case No. 173 of 2025, subject to the conditions laid down
under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Alok Kumar Sinha, J)
sanjeev/-
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