Patna High Court
Yousuf AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that anticipatory bail may be granted where the petitioner is not specifically charged in the FIR and has no criminal antecedent, despite being mentioned in a co‑accused’s statement.
Summary
Yousuf Akhtar feared arrest in a case registered under Sections 103(2) and 61(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged knife assault on the informant's son. The FIR named 13 persons, but the petitioner’s name does not appear; he was only mentioned later in a co‑accused’s confessional statement. The petitioner, who has no criminal antecedent, applied for anticipatory bail. The State opposed the bail on the basis of the FIR allegations. The Court observed that the petitioner is not specifically charged in the FIR and has a clean record, and therefore the conditions for anticipatory bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS are satisfied. Consequently, the Court ordered that the petitioner be released on bail if arrested within four weeks, upon furnishing a Rs 10,000 bond with two sureties, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is mentioned in a co‑accused’s statement
- Whether the nature of offences under Sections 103(2) and 61(2) BNSS precludes anticipatory bail
- Whether the requirements of Section 438(2) Cr.P.C. and Section 482(2) BNSS are fulfilled
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(2), 482(2), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- assault
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17819 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- SRIPUR District- Gopalganj
======================================================
Yousuf Akhtar S/o Md. Seraj Resident of Village- Bathua Bazar- Kajipur,
P.S.- Phulwaria, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 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 103(2),
61(2) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioner along with other co-accused persons is said to
have assaulted the son of the informant by means of knife.
4. Learned counsel for the petitioner submits that, as
many as, 13 persons have been named in the First Information
Report, out of whom there is specific allegation of assault by
means of knife upon four accused persons, namely Saif,
Mudassir, Mehboob and Iqbal and so far as the present
petitioner is concerned, his name does not find mention in the
First Information Report. The name of the petitioner transpired
Patna High Court CR. MISC. No.17819 of 2026(2) dt.03-04-2026
2/2
subsequently during the course of investigation in the
confessional statement of co-accused, Saif as being present at
the place of occurrence. The petitioner has no criminal
antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner is not
named in the First Information Report and specific allegation of
assault is upon others, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Sripur P.S. Case No. 229 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
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