Patna High Court
Md Sarfuddin @ Bachchan @ Md SafiuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners, four residents of Nadiya Gachh, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 132, 76, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. They alleged that the informant falsely implicated them due to a dispute concerning a Madarsa, and that the allegations of assault, vandalism and the firing of three rounds in the air were either general or attributable to a third person, Sajjad, who is not a petitioner. Petitioner No.1 has two prior cases, while the others have clean records. The State opposed the bail, relying on the FIR allegations. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs 10,000 each with two sureties and compliance with conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the allegations against the petitioners are specific enough to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115, 126, 132, 3, 351, 352, 482, 76
Subjects
- anticipatory bail
- false implication
- section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- Madarsa dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18790 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- POTHIYA District- Kishanganj
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1. Md Sarfuddin @ Bachchan @ Md Safiuddin S/o Late Jalu Mohammad R/o
vill- Nadiya Gachh, Thana- Pothia, District- Kishanganj
2. Md Azad Alam S/o Md Sarfuddin @ Bachchan @ Md Safiuddin R/o vill-
Nadiya Gachh, Thana- Pothia, District- Kishanganj
3. Md Nisar Alam @ Nisar Alam S/o Md Sarfuddin @ Bachchan @ Md
Safiuddin R/o vill- Nadiya Gachh, Thana- Pothia, District- Kishanganj
4. Md Firoz Alam @ Firoz Alam @ Firoz S/o Sukaru R/o vill- Nadiya Gachh,
Thana- Pothia, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
Mr. Ram Kumar, Adv
Mr. Sarvottam Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel appearing on behalf of
the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 132, 76, 352, 351(2) and 3(5) of the Bharatiya Nyaya
Sanhita.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases and petitioner nos.
2, 3 and 4 are persons with clean antecedent the informant
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alleges that accused persons including the petitioners came at
the Madarsa and assaulted him and the women folk and
vendalised the office and Sajjad fired three rounds in air.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant on account of dispute relating to Madarsa. It is
next submitted that no specific allegation of assault and abuse is
alleged against the petitioners rather the allegations are general
and omnibus in nature. It is further submitted that though Sajjad
is alleged to have fired three rounds in air but then no one was
injured and Sajjad is not a petitioner in the instant anticipatory
bail application.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) 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
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connection with Pothia P.S. Case No. 311 of 2025, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
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