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Patna High Court

Md. Qudus @ Qudus AbidversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Md. Qudus, a 72‑year‑old man with no criminal record, was named in an FIR alongside many others for alleged violent acts under multiple sections of the Bharatiya Nyaya Sanhita. He contended that he was falsely implicated due to village politics and that no specific allegation was made against him. The State and the informant opposed his bail application. The court noted the absence of specific charges, the petitioner’s advanced age, and his clean antecedent, and therefore ordered that he be released on bail if arrested, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order effectively granted anticipatory bail to the petitioner.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the lack of specific allegations, his age, and clean antecedent
  • Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permit the court to release the petitioner on bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • age factor
  • clean antecedent
  • political victimisation
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20725 of 2026
                      Arising Out of PS. Case No.-226 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
                 Md. Qudus @ Qudus Abid S/O Late Md. Jalaluddin R/O Village- Akarthapa,
                 Ward No.-8, P.S- Bhargama, Distt.- Araria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Navjot Yeshu, Advocate
                                                  Mr. Abhishek Kumar, Advocate
                 For the State             :      Mr. Jagdhar Prasad, APP
                 For the Informant         :      Md. Anwar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   24-06-2026                           Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   118(1), 117(2), 118(2), 109, 303(2) & 352 of the Bharatiya

                   Nyaya Sanhita.

                                     3. As per the prosecution case, on the date of

                   occurrence, F.I.R. named accused persons including the

                   petitioner and 200 unknown persons armed with weapon came

                   and started cultivating the land of the informant. On protest, the

                   accused persons made indiscriminate firing causing injuries to

                   some of the persons.
Patna High Court CR. MISC. No.20725 of 2026(3) dt.24-06-2026
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                          4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case due to dirty village politics. There is no specific allegation

          against the petitioner. There is case and counter case between

          the parties in which both the parties got injured. Similarly

          situated co-accused persons have already been granted

          anticipatory bail by this Court vide order dated 22.04.2026

          passed in Cr. Misc. No. 26152 of 2026. Petitioner is an old man,

          aged about, 72 years having no criminal antecedent and he

          undertakes to cooperate in the investigation and trial.

                          5. Learned A.P.P. for the State and learned counsel

          for the informant opposed the prayer for bail.

                         6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, no

          specific allegation levelled against the petitioner, age of the

          petitioner and his clean antecedent, let the above named

          petitioner be released on bail, in the event of arrest or surrender

          before the learned court below within a period of six weeks

          from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Araria in

          connection with Bhargama P.S. Case No. 226 of 2025, subject to
            Patna High Court CR. MISC. No.20725 of 2026(3) dt.24-06-2026
                                                        3/3




                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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