Patna High Court
Sahid Rehman @ SamuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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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