Patna High Court
Imran @ Syed Imran NobiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to the conditions prescribed under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Imran Nobi, sought anticipatory bail fearing arrest in a case involving multiple IPC offences and the Prevention of Damage to Public Property Act. He argued that his two prior cases pertained to the same offence as the present FIR and cited a similar anticipatory bail order granted to Md. Taslim and Md. Suddu in Cr. Misc. No.52743 of 2024. The State opposed the bail. The court, after considering the submissions and the earlier order, granted anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties of equal amount, subject to the conditions of Section 438(2) of the CrPC. The order is effective for six weeks from the date of the order, pending surrender or arrest. The petitioner was directed to comply with the bail conditions before the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC despite the seriousness of the offences alleged.
- Whether the prior anticipatory bail order in Cr. Misc. No.52743 of 2024 is applicable as a precedent to the present case.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120B, 147, 148, 149, 188, 283, 290, 323, 332, 341, 353, 379, 427, 435, 436
- Prevention of Damage to Public Property Act — s. 3, 4
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC offences
- bail bond
- surety
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17781 of 2026
Arising Out of PS. Case No.-574 Year-2019 Thana- GAYA KOTWALI District- Gaya
======================================================
Imran @ Syed Imran Nobi Son of Late Syed Aley Nobi R/O Near Shatabdi
Public School, P.S. - Chandauti, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar
For the Opposite Party/s : Mr. Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 147, 148,
149, 341, 323, 332, 427, 435, 436, 353, 290, 283, 188, 379 and
120(B) of the Indian Penal Code read with Sections 3 and 4 of
the Prevention of Damage to Public Property Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases but then the said two
cases were instituted with respect to the same offence for which
the instant FIR has been instituted. It is next submitted that Md.
Taslim and Md. Suddu @ Md. Tanzeem had approached this
court seeking anticipatory bail by filing Cr. Misc. No.52743 of
2024 and the same came to allowed by an order dated
Patna High Court CR. MISC. No.17781 of 2026(2) dt.19-06-2026
2/2
10.09.2024. It is further submitted that case of the petitioner if
not akin is similar to the case of Md. Taslim and Md. Suddu @
Md. Tanzeem.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the order
dated 10.09.2024 in Cr. Misc. No.52743 of 2024, the petitioner
above-named, in the event of his 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)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Kotwali P.S. Case No. 574 of 2019 subject to
the conditions as laid down under Section 438 (2) of the Cr.P.C
(Satyavrat Verma, J)
amit/-
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