Patna High Court
Md. AnishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that, given the lack of eyewitness evidence, the unexplained FIR delay, and the petitioners' clean antecedents, bail could be granted under Section 482 of the B.N.S. 2023.
Summary
The petitioners, Md. Anish and his son Md. Arif, sought anticipatory bail in a criminal case (Sultanganj P.S. Case No. 325 of 2024) alleging offences under Sections 109, 3(5), 126(2) and 115(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The prosecution’s case was based on an informant’s account of finding his brother injured and later alleging that the petitioners were involved due to a purported love affair with Muskan Parveen. The petitioners argued they were innocent, highlighted the informant’s lack of eyewitness testimony, the unexplained delay between the alleged incident (27.07.2024) and the FIR (05.08.2024), and pointed to their clean antecedents and the grant of anticipatory bail to co‑accused. The State opposed the bail. The Court, considering these factors, ordered that the petitioners be released on bail upon surrender within eight weeks, subject to a bond of Rs. 10,000 with two sureties, under Section 482 of the B.N.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023
- Whether the delay in filing the FIR and lack of eyewitness testimony justify bail
- Whether the petitioners' clean antecedents and willingness to surrender warrant bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 482
Subjects
- bail
- anticipatory bail
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- delay in FIR
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1831 of 2026
Arising Out of PS. Case No.-325 Year-2024 Thana- SULTANGANJ District- Patna
======================================================
1. Md. Anish S/O Late Md. Sahbuddin Resident of Shahganj, Khet Colony,
P.S.- Sultanganj, District- Patna
2. Md. Arif S/O Md. Anish Resident of Shahganj, Khet Colony, P.S.-
Sultanganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Krishna Jha
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 09-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Sultanganj P.S. Case No. 325 of 2024 instituted for the
offence under Sections 109, 3(5), 126(2), 115(2) of the B.N.S.,
2023.
3. The case of the prosecution is that the informant
came out of his house and heard a noise of falling some heavy
object. He found that his brother namely, Samir was lying in the
lane in a pool of blood. After this, the informant raised an alarm.
The victim was referred to Mediversal Hospital, Kankerbagh
due to his serious condition. Thereafter, the informant checked
Patna High Court CR. MISC. No.1831 of 2026(6) dt.09-07-2026
2/3
the mobile of his brother and he came to know that he was on
talking terms with one Muskan Parveen. It is further alleged that
the family members of Muskan have called the brother of the
informant and they had assaulted him badly and after assaulting
him badly, they have thrown him from the roof of house.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have committed no offence.
He further submits that from bare perusal of F.I.R., it is apparent
that informant is not an eye-witness to the occurrence and only
on the basis of call details in mobile phone of brother of
informant, these petitioners have been made accused. He
further submits that as per F.I.R., the alleged occurrence took
place on 27.07.2024, but F.I.R. has been lodged on 05.08.2024
and there is no plausible explanation of delay. Petitioners are
father and brother of co-accused Muskan Parveen, with whom,
there is allegation of love-affairs of brother of informant.
Informant has not seen the actual occurrence and only on the
basis of suspicion, petitioners have been implicated in this case.
Similarly situated co-accused Shahin Parveen and Muskan
Praveen have already been granted anticipatory bail by a
coordinate Bench of this Court. Petitioners claim clean
antecedent.
Patna High Court CR. MISC. No.1831 of 2026(6) dt.09-07-2026
3/3
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Patna City, Patna, in
connection with Sultanganj P.S. Case No. 325 of 2024, subject
to condition as laid down under Section 482 of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
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