Patna High Court
Mohamad Rasid @ Md. RashidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and compliance with conditions under Sections 2(1)(d) and 482(2) of the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioner, Md. Rashid, was named in an FIR under multiple sections of the Bhartiya Nyaya Sanhita, 2023 for alleged participation in a mob that assaulted police following a road accident. He contended that he was merely passing through the area and had no role in the violence, despite a pending criminal case against him. The State argued that he was part of the mob and opposed his bail. The Court considered the facts and, applying the provisions for anticipatory bail under Section 2(1)(d) and Section 482(2) of the BNS, granted him anticipatory bail subject to a bond and specific conditions. The order required a family member to act as bailor and mandated the petitioner’s appearance before the trial court, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bhartiya Nyaya Sanhita, 2023 despite allegations of participation in a mob assault on police.
- Whether the offences alleged under Sections 191, 126, 115, 121, 132, 109, 324, 351, 352 of the BNS constitute grounds to deny bail.
- Whether the conditions prescribed under Section 2(1)(d) and Section 482(2) of the BNS are satisfied for granting anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 121(1), 121(2), 126(2), 132, 191, 191(2), 191(3), 2(1)(d), 324(4), 324(5), 351(2), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- mob violence
- police assault
- Bhartiya Nyaya Sanhita 2023
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20215 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- DALSINGHSARAI District- Samastipur
======================================================
Mohamad Rasid @ Md. Rashid Son of Md Jamil Akhtar @ Jamil Akhtar
Resident of village - Sardarganj, P.S.- Dalsinghsarai, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Hussamuddin Azad, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Dalsinghsarai P.S. Case No. 09 of 2026, dated 10.01.2026,
lodged under Section 191(2), 191(3), 191, 126(2), 115(2),
121(2), 121(1), 132, 109(1), 324(4), 324(5), 352, 351(2) and
351(3) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred
to as “BNS, 2023”).
3. As per the prosecution, FIR has been lodged against
13 named and 50-60 unknown accused persons including the
present petitioner. The allegation against the accused persons is
that due to a road accident, the road was jammed and the local
public started shouting against the administration and police,
and during the said period, when the police tried to remove the
Patna High Court CR. MISC. No.20215 of 2026(3) dt.07-05-2026
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traffic, all of a sudden the local persons started agitating against
the police, in which scuffling took place, and the name of the
petitioner has figured in this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner is a nearby person and was
passing through the said place. Counsel further submits that the
criminal antecedent of the petitioner is not clean, as one
criminal case is pending against him in which he is pursuing
bail. Counsel further submits that there is no whisper against the
petitioner or any specific role attributed to him, rather, at the
spur of the moment, the mob became angry and it was the mob
which attacked the police officials, whereas the petitioner was
merely passing nearby.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the role of the petitioner
may not be directly identical, but he was part of the mob.
6. Considering the facts and circumstances of the
present case, let the above-named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
Patna High Court CR. MISC. No.20215 of 2026(3) dt.07-05-2026
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mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of A.C.J.M.-I, Dalsinghsarai, Samastipur, in
connection with Dalsinghsarai P.S. Case No. 09 of 2026, subject
to the conditions as laid down U/s 482(2) of the BNSS, 2023
with other following conditions:-
(i) one of the bailor should be the
family member of the petitioner who shall
provide official document to show his bona
fide;
(ii) the petitioner shall appear on
each and every date before the Trial Court
and failure to do so for two consecutive dates
without plausible reason will entail
cancellation of his bail bonds by the Trial
Court itself.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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