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Patna High Court

Amzad Ali @ Amzad@ Md Amzad AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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