Patna High Court
Murtaza @ MurtjaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners with conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Murtaza and Md. Akbar, sought anticipatory bail in connection with a police case (Amdabad PS Case No. 237 of 2025) alleging their involvement in a mob assault on police personnel following a vehicle accident. The FIR, filed on 26 September 2025, named 17 accused and about 150 unknown persons, charging the petitioners under numerous sections of the Bharatiya Nyaya Sanhita, 2023, for offences ranging from unlawful assembly to assault on a public servant. The petitioners contended that they were falsely implicated, that the allegations were vague and omnibus, and that they have clean antecedents and are willing to comply with any bail conditions. The State opposed the bail, arguing the seriousness of the alleged offences. The Court, after considering the submissions, granted anticipatory bail subject to a Rs.30,000 bail bond and specific conditions under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023, directing the petitioners to appear regularly before the trial court and police station.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 despite the serious nature of the charges.
- Whether the allegations in the FIR are sufficient to deny anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 121(1), 121(2), 125(b), 126(2), 127(2), 132, 137(2), 190, 191(2), 191(3), 2(1)(d), 307, 309(5), 324(5), 331(5), 351(2), 351(3), 352, 482(2), 61(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- police assault
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15763 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- AMDABAD District- Katihar
======================================================
1. Murtaza @ Murtja S/o Nursed Ali Resident of - Jiyamari, P.S - Amdabad,
District - Katihar
2. Md. Akbar S/o Sirajul Haque Resident of - Jiyamari, P.S - Amdabad, District
- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, A.P.P
======================================================
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 petitioners are apprehending arrest in
connection with Amdabad P.S. Case No. 237 of 2025 lodged on
26.09.2025, for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 127(2), 115(2), 109, 331(5), 132, 121(1),
121(2), 309(5), 307, 352, 351(2), 351(3), 61(2), 125(b), 137(2)
& 324(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
17 named accused persons including the present petitioners and
about 150 unknown persons. According to F.I.R., the
prosecution case, in a nutshell, is that informant/the police
officer received a telephonic call from dial no. 112 to this effect
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that there has been a vehicle accident at village Jamaipara, then
informant along with local Chowkidar arrived to the said
village, he saw the mob of 400-500 persons there. Informant has
further alleged that on being asked, some local persons informed
him that two persons riding on motorcycle were coming and in
that course, they dashed to one Abdul Rahman who was a
resident of village Jamaipara. Further, persons disclosed that
said two motorcycle riders have been kept in the house of Abdul
Rahman by the villagers. Hence, informant went to the
courtyard of Abdul Rahman for taking up the custody of said
motorcycle riders as well as alleged motorcycle, then he saw
that there were 200 persons present inside and outside of the
house of Abdul Rahman. The informant has further alleged that
when he asked about said both motorcycle riders then accused-
petitioners namely 1. Murtaza 2. Md. Akbar 3. Md. Husen 4.
Md. Sadakas 5. Md. Mojahid 6. Jahangir Alam 7. Amir Hussain
8. Ahmad Hussain 9. Akhatar 10. Gayasuddin 11. Salauddin 12.
Mansur and some other accused persons got furious and caused
hindrance in legal proceedings, then the aforesaid accused-
petitioners and about 150 unknown persons and other accused
named in F.I.R abused the police personnel and also used
criminal force against them and they also tried to snatch the rifle
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from police personnel and on protest, all aforesaid persons
started assaulting to the police personnel and they further made
lethal attack on the police personnel and they also caused injury
on the head of a constable, namely Hitendra Kumar. They also
brutally assaulted the informant. Later on, Hitendra Kumar was
taken to PHC Amdabad for treatment.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioners have been falsely
implicated in this case and the allegations against the petitioners
are general and omnibus in nature. Counsel also submits that
some of the accused persons have been granted anticipatory bail
by the Co-ordinate Bench of this Court vide order dated
24.02.2026 passed in Cr. Misc. No. 10208 of 2026. Counsel
further submits that the petitioners have clean antecedent and
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. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
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Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Judicial Magistrate 1st Class, Katihar, in
connection with Amdabad P.S. Case No. 237 of 2025, subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023
with further conditions:-
(i) one of the bailors should be the family
member/relative of the petitioners who shall provide official
document to show his/her bonafide.
(ii) the petitioners shall appear on each and every date
before the trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the trial court itself.
(iii) the petitioners shall appear before the concerned
police station for one year, within every fortnight, to mark their
attendance.
(Dr. Anshuman, J)
Divyansh/-
U T
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