Patna High Court
WasiullahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 352, 482(2), 74, 76
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
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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
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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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