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Patna High Court

Sahid Rehman @ SamuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Sahid Rehman @ Samu, was implicated in a case arising from a Durga immersion procession where stones were allegedly thrown, leading to charges under numerous sections of the Indian Penal Code and Section 9 of the Bihar Control of Use and Play of Loudspeaker Act. He contended that he has a clean antecedent, that the FIR contains vague and omnibus allegations, and that he was falsely implicated. The petitioner sought anticipatory bail, arguing that the order mistakenly recorded a prior antecedent and that the informant's allegations were unfounded. The State opposed the bail. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS, to be complied with within six weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious IPC charges.
  • Whether the petitioner has any prior antecedent that would preclude bail.
  • Whether the allegations in the FIR are sufficiently specific to deny bail.

Legislation cited

  • Indian Penal Code — s. 120(B), 147, 148, 149, 153(A), 188, 290, 295, 295(A), 296, 307, 332, 333, 337, 338, 353, 427

Subjects

  • anticipatory bail
  • clean antecedent
  • false implication
  • IPC offences
  • Loudspeaker Act
  • procession violence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16186 of 2026
                   Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Sahid Rehman @ Samu Son of Rukhsar Resident of Mohalla- Near Choti
                 Masjid Nai Bazar, P.S.- Bhagwan Bazar, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar Srivastva
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under 147, 148, 149, 188,

                   290, 153(A), 295, 295(A), 296, 337, 338, 307, 332, 333, 353,

                   427, 120(B) of the Indian Penal Code and Section 9 of Bihar

                   Control of use and Play of Loudspeaker Act.

                             3.    Learned counsel for the petitioner submits that

                   inadvertently in the order impugned, it has been recorded that

                   petitioner has antecedent, when petitioner is a person with clean

                   antecedent and the same stands specifically pleaded at para-3 of

                   the anticipatory bail application.

                             4.    In view of the submission made by learned counsel

                   for the petitioner, the defect as pointed out by the office is
Patna High Court CR. MISC. No.16186 of 2026(2) dt.11-03-2026
                                            2/3




          ignored.

                   5.     Learned counsel for the petitioner next submits that

          petitioner is a person with clean antecedent and the informant

          alleges that during the procession of immersion of Goddess

          Durga, when the procession reached near Masjid it was stopped

          and music and chanting slogan were resorted to, further some

          antisocial elements started throwing stones on the procession

          when the procession started moving ahead.

                   6.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          allegations are general and omnibus in nature. It is also

          submitted that Arslan Khan @ Kallu along with Intekhab Khan

          @ Champion had approached this Court seeking anticipatory

          bail by filing Cr. Misc No. 39854 of 2025 and the same came to

          be allowed by an order dated 15-7-2025 by a learned Co-

          ordinate Bench.

                   7.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   8.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the
              Patna High Court CR. MISC. No.16186 of 2026(2) dt.11-03-2026
                                                          3/3




                        event of his arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Bhagwan Bazar P.S.Case No.423 of 2023 subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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