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Patna High Court

Md. ArmanversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                         3/3




                       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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