Patna High Court
Md. Gulrej @ Gublej @ Mo. GulrejversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
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
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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
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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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