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Patna High Court

Md. Sahanabaz Khan @ Junnu @ Junnu BoseversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and conditions, with verification of criminal antecedents.

Summary

The petitioner, Md. Sahanabaz Khan, sought anticipatory bail fearing arrest in connection with Akbarnagar Police Station Case No. 109 of 2025, which alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023 including assault, robbery and attempt to outrage modesty. The FIR alleged that the accused, including the petitioner, entered the informant’s house, assaulted family members, attempted to outrage the informant’s modesty and stole jewellery and cash. The petitioner contended he was innocent, that a counter‑case (Case No. 110 of 2025) existed stemming from a petty dispute, and that he had a clean antecedent. The State opposed bail, highlighting the seriousness of the offences and the existence of reciprocal cases. The Court, after considering the submissions, granted anticipatory bail subject to a Rs 30,000 bond, verification of the petitioner’s criminal antecedents and compliance with conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the existence of a counter‑case and the petitioner’s claim of a clean antecedent justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • assault
  • robbery
  • counter case
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15777 of 2026
                   Arising Out of PS. Case No.-109 Year-2025 Thana- AKBARNAGAR District- Bhagalpur
                 ======================================================
                 Md. Sahanabaz Khan @ Junnu @ Junnu Bose Son of Md. Lalo @ Md. Lal
                 Khan Resident of Village - English Chichoran, P.S. - Akbarnagar, Dist. -
                 Bhagalpur.

                                                                                 ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :      Mr. Raj Ballabh Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Akbarnagar P.S. Case No. 109 of 2025 lodged on

                   25.10.2025, for the offence punishable under Sections 126(2),

                   115(2), 303(3), 109, 74, 118(1), 351(2), 352, 333 & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

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

                   six named accused persons including the present petitioner. It

                   has been alleged in the FIR that on 24.10.2025, all the accused

                   persons came and entered in the house of the informant and

                   assaulted the informant’s daughter. In the next morning, accused

                   persons again came and assaulted the informant’s son by iron
Patna High Court CR. MISC. No.15777 of 2026(2) dt.25-03-2026
                                            2/3




          rod on his head. When the informant’s husband came to rescue

          his son, then accused persons also assaulted him and tried to

          outrage the modesty of the informant. One of the accused

          persons also snatched gold earring of the informant and taken

          Rs.2,00,000/- from the box.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. He submits

          that both the parties are resident of the same locality and well

          known to each other. Counsel submits that for the same date and

          place of occurrence, there are case and counter case from both

          the sides i.e. one case has been lodged from the petitioner’s side

          bearing Akbarnagar P.S. Case No. 110 of 2025 and the present

          case has been lodged from the informant’s side bearing

          Akbarnagar P.S. Case No. 109 of 2025. Counsel submits that the

          dispute has arisen on petty issue of throwing dirty water on the

          land. Counsel further submits that the petitioner has clean

          antecedent and he is ready to fulfill all the conditions

          whatsoever shall be imposed upon him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but submits that from the record, it

          transpires that there are case and counter case from both the

          sides.
             Patna High Court CR. MISC. No.15777 of 2026(2) dt.25-03-2026
                                                         3/3




                                    6. As such, in the present facts and circumstances of

                       this case, let the above named petitioner be released on

                       anticipatory bail, in the event of arrest or surrender before the

                       Trial Court within a period of 4 weeks from today, on furnishing

                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of A.C.J.M.-I, Bhagalpur, in connection with

                       Akbarnagar P.S. Case No. 109 of 2025, subject to the conditions

                       as laid down U/s 482(2) of the B.N.S.S., 2023.

                                    7. The Trial Court is directed to verify the criminal

                       antecedent(s) of the petitioner, and in case, it is found at any

                       stage that the petitioner has concealed the fact about his criminal

                       antecedent(s), the Trial Court shall take steps for cancellation of

                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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