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Patna High Court

Md. SubhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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  • Whether the application for anticipatory bail can be withdrawn for one of the petitioners.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
Patna High Court CR. MISC. No.18869 of 2026(2) dt.06-04-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.18869 of 2026(2) dt.06-04-2026
                                                        3/3




                      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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