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Patna High Court

Yousuf AkhtarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
U       T


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