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Patna High Court

WasiullahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to a bond of Rs.10,000, two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Wasiullah, a 20‑year‑old resident of Bhagwatipur, was implicated in a case (Pandaul PS Case No.8 of 2026) alleging assault, use of a sharp weapon, and attempt to outrage the modesty of an informant over a garbage‑throwing dispute. The prosecution alleged that the accused, including the petitioner, gathered near the informant’s house and attacked her and her son, also stealing a nose‑pin worth Rs.14,000. The petitioner’s counsel argued that the FIR, filed two days after the incident, does not specifically name him, that the informant’s later statement is contradictory, and that he has a clean antecedent and is willing to cooperate with the investigation. The State and the informant opposed the grant of anticipatory bail. Considering the petitioner’s clean record, the nature of the allegations, and the possibility of surrender within six weeks, the Court ordered anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the allegations against the petitioner warrant denial of bail given the nature of the offences

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • clean antecedent
  • assault
  • neighbor dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17749 of 2026
                      Arising Out of PS. Case No.-8 Year-2026 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Wasiullah S/o Md. Masuk Resident of Village- Bhagwatipur, P.S.- Pandaul,
                 District- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Gagandeo Yadav, Advocate.
                                                  Mr. Ravi Prakash, Advocate.
                 For the State           :        Mr. Anil Kumar Singh No.1, A.P.P.
                 For the Informant       :        Mr. Rananjay Dubey, Advocate.
                                                  Mr. Bishwa Nath Mahto, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioner apprehends his arrest in connection

                   with Pandaul P.S. Case No.8 of 2026 instituted under Sections

                   126(2), 115(2), 109, 352, 303(2), 74, 76 & 3(5) of the B.N.S.,

                   2023.

                                 3. As per the prosecution case, all the accused persons

                   including the petitioner assembled near the house of informant

                   and started abusing on the issue of throwing garbage. It is

                   alleged that accused persons including the petitioner assaulted

                   the informant and her son with sharp cutting weapon causing

                   injury to them. It is further alleged that accused persons tried to
Patna High Court CR. MISC. No.17749 of 2026(2) dt.25-03-2026
                                            2/3




          outrage the modesty of informant and also snatched nose pin

          worth Rs.14,000/-.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case. He further submits that in the written report submitted by

          the informant, there is no specific allegation against the

          petitioner rather the specific allegation is made against Md.

          Masuk for causing injury on the head of the informant. Learned

          counsel submits that the informant in her re-statement

          developed her case and levelled allegation of assault on her head

          against the petitioner which is contradictory to the F.I.R. He

          further submits that the F.I.R. was lodged after delay of 2 days

          of the occurrence without any plausible explanation. Learned

          counsel submits that both the parties are next door neighbor and

          the dispute arose for petty matters. He further submits that

          petitioner is a young boy of 20 years, having got clean

          antecedent and he undertakes to cooperate in the investigation

          and trial of the case.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant opposes the prayer for anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the
              Patna High Court CR. MISC. No.17749 of 2026(2) dt.25-03-2026
                                                          3/3




                        nature of allegation against the petitioner as well as his clean

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

                        below within six weeks from today, the petitioner be released on

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

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

                        satisfaction of the learned C.J.M., Madhubani/ concerned Court

                        in connection with Pandaul P.S. Case No.8 of 2026, 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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