Patna High Court
Amzad Ali @ Amzad@ Md Amzad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Summary
The petitioners, two brothers, sought anticipatory bail after a FIR was lodged alleging offences under Sections 341, 323, 324, 354, 504, 379, 506 and 34 of the IPC, including assault with an iron rod, theft of Rs 5 lacs and a mobile phone, and threats. They argued that they have clean antecedents, cooperated with the police, were served notice under Section 41A CrPC, and that the police never felt the need to arrest them, yet a non‑bailable warrant was later issued without any service of summons or bailable warrant. The petitioners further contended that the case was false, arising from a failed marriage proposal with the informant. The State, represented by the learned A.P.P., opposed the grant of anticipatory bail. The court heard the submissions and considered the conditions under Section 438(2) CrPC, but the order does not record a final decision, leaving the petition pending.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC despite the issuance of a non‑bailable warrant.
- Whether the circumstances of the FIR and the alleged false nature of the complaint justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41A, 438(2)
- Indian Penal Code — s. 323, 324, 34, 341, 354, 379, 504, 506
Subjects
- anticipatory bail
- non‑bailable warrant
- IPC offences
- clean antecedent
- false complaint
- marriage dispute
- Section 41A CrPC
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17474 of 2026
Arising Out of PS. Case No.-102 Year-2023 Thana- KAMTAUL District- Darbhanga
======================================================
1. Amzad Ali @ Amzad@ Md Amzad Ali Son of Md Taiyab @ Md Taiyab @
Md Taiyabb ali Resident Of Mohalla- Pokhrauni , Sahdullahpur P.s- Bisfi
Distt-Madhubani
2. Ahamad Ali @ Md Ahmad Ali Son of Md Taiyab @Md Taiyab @ Md
Taiyabb ali Resident Of Mohalla- Pokhrauni , Sahdullahpur P.s- Bisfi Distt-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kedar Jha
For the Opposite Party/s : Mr. Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 341, 323,
324, 354, 504, 379, 506, 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are brothers. It
is next submitted that the offences for which the instant FIR was
instituted carries punishment of 7 years and less as such
petitioners were given notice under section 41(A) Cr.P.C. and
the petitioners cooperated with the police during the course of
investigation and police never felt the need of arresting the
Patna High Court CR. MISC. No.17474 of 2026(2) dt.28-04-2026
2/3
petitioners but then charge sheet came to be submitted based on
which cognizance was taken and thereafter summons, bailable
and non-bailable warrant of arrest was issued. It is submitted
that petitioners never received the summons and bailable
warrant nor there is any service report on record but after
issuance of non-bailable warrant of arrest, the police started
knocking the door. It is next submitted that when the police
during the course of investigation and police never felt the need
of arresting the petitioners, whether it would be prudent for the
court to send the petitioners to jail since cognizance has been
taken. It is next submitted that no doubt in the FIR, the
informant alleges that accused persons assaulted her by an iron
rod causing injury on head and even snatched Rs.5 lacs and a
Redmi mobile and threatened but then the fact is that marriage
of the informant fixed with petitioner no.2 but then informant
was not ready to solemnise her marriage with petitioner no.2 as
she was of the opinion that petitioner no.2 remains ill most of
the time, as such, a confrontation took place when a false case
came to be instituted.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
Patna High Court CR. MISC. No.17474 of 2026(2) dt.28-04-2026
3/3
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each with two
sureties of the like amount each to the satisfaction of learned
trial court where the case is pending/successor court in
connection with Kamtaul P.S. Case No.102/2023, subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
U T
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