Patna High Court
Akhatar ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners under Section 482(2) of the B.N.S.
Summary
The petitioners, Akhatar Shah, Mumtaz Shah and Shahid Shah, applied for anticipatory bail anticipating arrest in a case involving multiple offences under the B.N.S. The FIR alleged that a dispute over water logging led the petitioners to assault the informant's husband and family. The petitioners argued they have clean records, were falsely implicated, and that the allegations are vague and general. The State opposed the bail. The court, after considering the submissions, directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the B.N.S. for the alleged offences
- Whether the allegations in the FIR are specific enough to deny bail
- Whether the petitioners are falsely implicated and thus entitled to bail
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 324(2), 329(4), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- Section 482
- B.N.S.
- false implication
- assault
- water logging dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18371 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- PARSATHUA District- Rohtas
======================================================
1. Akhatar Shah Son of Late Ramjan Shah Resident of Village - Parasathua,
P.S. - Parsathua, Dist. - Rohtas.
2. Mumtaz Shah @ Mumtaz Son of Late Ramjan Shah Resident of Village -
Parasathua, P.S. - Parsathua, Dist. - Rohtas.
3. Shahid Shah @ Kalu Shah Son of Mumtaj Shah Resident of Village -
Parasathua, P.S. - Parsathua, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 76, 303(2), 352, 329(4), 324(2), 351(2),
3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
informant alleges that on 28.06.2025, on account of heavy rain,
water started logging at her door. Further, her neighbour Akhtar
started filling mud in order to stop the flow of the water. On
Patna High Court CR. MISC. No.18371 of 2026(2) dt.01-04-2026
2/3
objection by her husband, the accused persons started abusing
and assaulting her husband and when informant and her son
came to save him, the accused assaulted them.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant and petitioners are neighbour and on account of
dispute relating to water logging, the occurrence is alleged to
have taken place. It is next submitted that allegation of assault is
not specific rather is general and omnibus in nature and
petitioners are not criminals.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each 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
Patna High Court CR. MISC. No.18371 of 2026(2) dt.01-04-2026
3/3
Parasthua P. S. Case No.64 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…