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Patna High Court

Md. Gulrej @ Gublej @ Mo. GulrejversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted to the petitioners subject to stipulated conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, a group of neighbours, were implicated in a criminal case (Baisi P.S. Case No.390 of 2025) alleging forcible entry, assault, vandalism, and theft of Rs.6,000, under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. They sought anticipatory bail, claiming innocence, a petty dispute over a septic tank, and a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the allegations, the petitioners' clean record, and the possibility of surrender within six weeks, and applied Section 482(2) of the B.N.S. to assess the exercise of inherent powers. Considering the circumstances, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and compliance with conditions. The order directed the petitioners to surrender to the Chief Judicial Magistrate of Purnea if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.
  • Whether the petitioners' clean antecedent and willingness to cooperate justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal law
  • assault
  • theft
  • clean antecedent
  • neighbor dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1669 of 2026
                         Arising Out of PS. Case No.-390 Year-2025 Thana- BAISI District- Purnia
                 ======================================================
           1.     Md. Gulrej @ Gublej @ Mo. Gulrej S/o- Md. Khurshid R/V- Ghuski Tola,
                  Charaiya P.S.- Baisi Dist- Purnea
           2.    Md. Naiyer @ Naiyar S/o- Md. Yunus R/V- Kauwa Nagar, Panisadra P.S.-
                 Baisi Dist- Purnea
           3.    Md. Dilnawaz @ Dilnawaz S/o- Md. Khurshid R/V- Ghuski Tola, Charaiya
                 P.S.- Baisi Dist- Purnea
           4.    Rejaul @ Rajbul @ Sheikh Mohammad Rejabul Mohammad Anesh S/o-
                 Md. Mohammad Anesh R/V- Harintor P.S.- Baisi Dist- Purnea
           5.    Rahil @ Ruhil Raja S/o- Khurshid R/V- Ghuski Tola, Charaiya P.S.- Baisi
                 Dist- Purnea
           6.    Nazim S/o- Matilb R/V- Puranganj P.S.- Baisi Dist- Purnea
           7.    Khurshid S/o- Israil R/V- Ghuski Tola, Charaiya P.S.- Baisi Dist- Purnea
           8.     Noorej @ Amo Norej @ Mo. Nurej S/o- Mo. Khurshid R/V- Ghuski Tola,
                  Charaiya P.S.- Baisi Dist- Purnea
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar Singh, Advocate.
                 For the Opposite Party/s :        Mr. Rajendra Singh Shastri, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   06-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Baisi P.S. Case No.390 of 2025 instituted under Sections

                   126(2), 115(2), 118(1), 117(2), 109, 76, 303(2), 352, 351(2),

                   3(5) of the B.N.S., 2023.

                                3. As per the prosecution case, the accused persons

                   including the petitioners who are neighbours of informant
Patna High Court CR. MISC. No.1669 of 2026(3) dt.06-04-2026
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          forcibly entered into the house of informant and brutally

          assaulted her and vandalized her household articles, for which a

          written complaint was given by the mother of informant and a

          panchayati was also convened. It is further alleged that the

          accused persons trespass into the courtyard of informant and

          assaulted her family members due to which they sustained

          injury. It is also alleged that during the course of assault, the

          accused persons forcible took Rs.6,000/- from the pocket of

          father of the informant.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case. He further submits that both the parties are neighbours and

          due to petty dispute with respect to septic tank, the present

          occurrence took place. He further submits that there is case and

          counter case between the parties. Learned counsel submits that

          all the injuries are simple in nature except one injury on the

          teeth which is grievous in nature. He further submits that the

          petitioners have got clean antecedent and they undertake to

          cooperate in the investigation and trial of the case.

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

          anticipatory bail.

                       6. Considering the facts and circumstances of the
              Patna High Court CR. MISC. No.1669 of 2026(3) dt.06-04-2026
                                                          3/3




                        case, submissions of learned counsel for the parties and the

                        nature of allegation against the petitioners as well as their clean

                        antecedent, in the event of arrest or surrender before the Court

                        below within six weeks from today, the petitioners be released

                        on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

                        Thousand) each with two sureties of the like amount to each to

                        the satisfaction of the learned Chief Judicial Magistrate, Purnea/

                        concerned Court in connection with Baisi P.S. Case No.390 of

                        2025, subject to the conditions laid down in Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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