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Patna High Court

Md Sarfuddin @ Bachchan @ Md SafiuddinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.18790 of 2026(2) dt.02-04-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.18790 of 2026(2) dt.02-04-2026
                                                          3/3




                        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/-

U         T


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