Patna High Court
Md. Fajil @ Mohammad FajilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court conditionally granted bail to the petitioner under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Md. Fajil, was implicated in a 2018 case (PS No. 338) for alleged offences under several IPC sections, including rioting, assault, and causing death. He was accused of keeping a dead body on a public road, obstructing traffic, and attacking police personnel. The petitioner claimed he was not present at the scene, was falsely implicated, and highlighted that co‑accused had already been granted anticipatory bail by a coordinate bench. He sought bail, noting a single disclosed criminal antecedent and no prior bail applications. The High Court, noting the precedent of bail to co‑accused and applying Section 482(2) of the B.N.S.S., 2023, granted conditional bail, directing the petitioner to surrender within eight weeks with specified surety and conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged offences.
- Whether the grant of anticipatory bail to co‑accused warrants similar relief to the petitioner.
- Whether the petitioner’s disclosed criminal antecedent affects the bail decision.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- anticipatory bail
- IPC offences
- Section 482
- high court
- Bihar
- police assault
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16552 of 2026
Arising Out of PS. Case No.-338 Year-2018 Thana- DHAKA District- East Champaran
======================================================
Md. Fajil @ Mohammad Fajil Son of Late Bala Miya @ Sheikh Jamuruddin,
Resident of Village- Naya Tola, Dhanka, P.S.- Dhaka, District -East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Prakash Verma, Advocate
For the State : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State
2. The petitioner apprehends his arrest in connection
with Dhaka P.S Case No. 338 of 2018 dated 27.08.2018
registered for the offences punishable under Sections 147, 149,
323, 504, 283, 427, 435, 353, 290 and 291 of the Indian Penal
Code.
3. As per allegation, the accused persons including the
petitioner are said to have kept the dead body of the deceased,
Shobha Devi near Referral Hospital, Dhaka on Dhaka-Chiraiya
main road and they have blocked the road and nuisance was
being created there by them. It is also alleged that when the
police personnel tried to pacify the matter, members of the mob
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including the petitioner attacked on the police personnel and
raised slogans against them.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is further submitted that the petitioner was not
present at the place of occurrence. He also submits that other co-
accused persons have already been granted anticipatory bail by
a co-ordinate Bench of this Court vide order dated 17.02.2026
passed in Cr. Misc. No.5100 of 2026.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has one criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the fact that similarly situated co-
accused persons have already been granted anticipatory bail,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
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furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court Below, in connection with Dhaka P.S.
Case No. 338 of 2018, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S., 2023 and on the
following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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