Patna High Court
Md. SubhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioners are entitled to anticipatory bail subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioners, six residents of Lakshminiya village, filed an anticipatory bail application fearing arrest in a case registered under multiple sections of the Bihar Non‑Statutory (BNS) Act, 2023. They contended that they have clean antecedents and were falsely implicated by the informant, with no specific allegation of assault against them. The State and the informant opposed the bail. The court allowed the petitioners to withdraw the application for petitioner No. 6 and granted anticipatory bail to petitioners 1‑5, subject to a bail bond of Rs 10,000 with two sureties and 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 the offences alleged in the FIR.
- Whether the petitioners have been falsely implicated and lack specific allegations of assault.
- Whether the application for anticipatory bail can be withdrawn for one of the petitioners.
Subjects
- anticipatory bail
- false implication
- Section 482
- Bihar criminal law
- bail conditions
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18869 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
1. Md. Subhan Son of Md. Kiyam Resident of Village- Lakshminiya, Ward No.
04, P.S.- Alamnagar, District- Madhepura
2. Md. Ajim Son of Md. Jainul Resident of Village- Lakshminiya, Ward No.
04, P.S.- Alamnagar, District- Madhepura
3. Md. Ibrahim Son of Md. Moim Resident of Village- Lakshminiya, Ward No.
04, P.S.- Alamnagar, District- Madhepura
4. Md. Salman Son of Md. Juljar @ Md. Guljar Resident of Village-
Lakshminiya, Ward No. 04, P.S.- Alamnagar, District- Madhepura
5. Md. Mastan @ Gulam Mustafa Son of Md. Sadik Resident of Village-
Lakshminiya, Ward No. 04, P.S.- Alamnagar, District- Madhepura
6. Md. Naushad @ Md. Nashaud Son of Md. Haseem Resident of Village-
Lakshminiya, Ward No. 04, P.S.- Alamnagar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
Mr. Rishi Sinha, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
For the Informant : Mr. Barun Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-04-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The learned counsel for the petitioners, after some
arguments, seeks permission to withdraw the anticipatory bail
application with respect to petitioner no. 6 (Md. Naushad) @
Md. Nashaud.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
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dismissed as withdrawn with respect to petitioner no. 6 only.
5. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 190,
191(2), 127(2), 117(2), 126(2), 115(2), 109(1), 324(5), 76,
303(2), 352 and 351(2) of the BNS, 2023.
6. Learned counsel for the petitioners submits that
petitioner nos. 1 to 5 are persons with clean antecedent and the
informant alleges that named accused persons including the
petitioners came along with 20-25 unknown accused, and Md.
Samshad assaulted her husband by butt of pistol causing injury
on rib, while Md. Naushad assaulted him by rod causing
fracture of leg, further Md. Saddam assaulted Iraj by rod
causing injury on head and Md. Irshad dashed the informant on
the ground unveiling her, further Md. Zibraile assaulted Md.
Jainul by rod causing injury on head, thereafter Shahid assaulted
Md. Alm by rod causing injury on head and Md. Shamshad
assaulted Md. Jainul by rod causing injury on head.
7. 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 named
accused persons are alleged to have committed the act of
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assault, but as far as petitioners are concerned, no specific
allegation of assault is alleged against them. It is also submitted
that petitioners are not criminals.
8. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the informant opposes the
anticipatory bail application of the petitioners.
9. 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
connection with Alamnagar P.S. Case No. 324 of 2025 subject
to the conditions as laid down under Section 482 (2) of the
BNSS.
10. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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