Patna High Court
Md. ArmanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to anticipatory bail as the allegations are vague, he has no criminal antecedent, and a similar co‑accused has been granted bail.
Summary
The petitioner, Md. Arman, applied for anticipatory bail fearing arrest in a case (Laukaha PS No. 39 of 2025) involving offences under multiple sections of the B.N.S. The prosecution alleged that a mob, including the petitioner, attacked police officers during a road‑blocking incident, naming 57 accused. The petitioner contended he was falsely implicated, had no connection to the deceased, and faced only vague, omnibus allegations; he also highlighted his clean record and the grant of anticipatory bail to a co‑accused in a similar case. The State opposed the bail. After hearing both sides, the court, noting the lack of specific charges against the petitioner and the precedent, ordered that he be enlarged on bail, subject to surrender within four weeks and a bond of Rs.10,000 with two sureties, under Section 482(2) of the B.N.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious offences alleged in the FIR
- Whether the general and omnibus nature of the allegations and the petitioner’s clean record justify bail
Legislation cited
- B.N.S. — s. 109, 115(2), 121(2), 126(2), 127(2), 132, 191(2), 191(3), 303(2), 324(4), 324(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- B.N.S. sections
- false implication
- police assault
- clean record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19712 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- Lokha District- Supaul
======================================================
Md. Arman S/O Md. Amir Resident of Village- Gangapatti, P.S- Lokaha
(Laukaha), District- Supaul, State- Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kuldeep Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in with
Laukaha P.S. Case No. 39 of 2025 registered for the offences
punishable under Sections 191(2), 191(3), 126(2), 127(2),
115(2), 121(2), 132, 109, 303(2), 324(4) & (5), 352, 351(2) of
B.N.S.
3. As per prosecution case, the family members and
villager of deceased Md. Jahangir started blocking the road. The
informant and other police officials reached there to pacify the
matter but the people gathered there, attacked on the police and
damaged the police vehicle. The informant and other police
officials somehow saved their life. The local chowkidar
Patna High Court CR. MISC. No.19712 of 2026(2) dt.24-04-2026
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identified 57 named accused persons including the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the first information report and he has been falsely implicated
in this case. Learned counsel submits that neither the petitioner
nor his family members is in any way connected with the
deceased. There is no specific allegation against the petitioner
rather the allegations levelled in the first information report are
general and omnibus in nature. Learned counsel has further
submitted that similarly situated other co-accused person,
namely, Khursheed Alam has already been granted anticipatory
bail by learned co-ordinate Bench of this Court vide Cr. Misc.
No. 60594 of 2025. The case of this petitioner stands on similar
footing. Petitioner has no criminal antecedent as stated in para-3
of the bail petition.
5. The learned A.P.P. for the State vehemently opposes
the prayer for anticipatory bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
Patna High Court CR. MISC. No.19712 of 2026(2) dt.24-04-2026
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is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Laukaha P.S. Case No. 39 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate- 1st Class, Supaul
subject to the conditions as laid down under section 482(2) of
B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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