Patna High Court
Md. Imran @ Imran SheikhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, due to the vague nature of the allegations and the likelihood of false implication, the petitioners are entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita, subject to prescribed conditions.
Summary
The petitioners, Md. Imran and Md. Jamir, sought bail fearing arrest in a case (Ander P.S. Case No. 308 of 2024) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners assaulted an informant and his brother and stole Rs. 2,000. The petitioners contended they were falsely implicated, that the allegations were vague, and that a similar case (Ander P.S. Case No. 309 of 2024) existed where they were victims of assault. The State opposed the bail. The court, noting the non‑specific nature of the accusations and the risk of false implication, ordered that the petitioners be released on bail under Section 482(2) of the BNSS, subject to a bail bond of Rs. 10,000 and two sureties, and conditions of appearance before the trial court.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita given the non‑specific allegations.
- Whether the possibility of false implication warrants the grant of bail.
- Whether the conditions imposed are sufficient to ensure the petitioners' attendance before the trial court.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(20), 126(2), 303(2), 324(4), 351(2) r/w 3(5), 352, 482(2)
Subjects
- bail
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- false implication
- non‑specific allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16417 of 2026
Arising Out of PS. Case No.-308 Year-2024 Thana- AANDAR District- Siwan
======================================================
1. Md. Imran @ Imran Sheikh Son of Ali Hussain R/o Village - Firzpur, P.S. -
Andar, Distt. - Siwan.
2. Md. Jamir @ Jamir Mansuri Son of Jahir Mansuri R/o Village - Firzpur, P.S.
- Andar, Distt. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Kant, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
02. In the present case, the petitioners are
apprehending their arrest in connection with Ander P.S. Case
No. 308 of 2024 registered for the alleged offence under
Sections 126(2), 115(20, 109, 303(2), 324(4), 352, 351(2) r/w
3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other co-
accused persons abused and assaulted the informant and his
brother causing injuries to them and they also snatched Rs.
2,000/- from the informant.
04. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.16417 of 2026(2) dt.06-04-2026
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petitioners are innocent and have been falsely implicated in this
case. The instant case is counter version of Ander P.S. Case No.
309 of 2024 which has been registered for the occurrence of
same date and time with similar allegation. The informant side
assaulted the petitioners and they suffered injuries in the hands
of informant side. The allegations are general and omnibus
against the petitioner and other co-accused persons. There was
no intention to cause death of any person. Moreover, the
allegation of assault is against Dilnawaz Sheikh and not against
the petitioners. Similarly placed co-accused persons have been
granted anticipatory bail by a Co-ordinate Bench of this Court
vide order dated 15.11.2025 passed in Criminal Misc. No.
62690 of 2025. The petitioners are having antecedent of one
case and they are on bail.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
non specific nature of allegation against the petitioner and also
considering the possibility of false implication in the
background of case and counter case, let the petitioners above
named, in the event of their arrest or surrender before the court
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concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Siwan/court concerned in connection with Ander P.S.
Case No. 308 of 2024, subject to the condition laid down under
Section 482(2) of BNSS and other following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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