Patna High Court
Md. Qudus @ Qudus AbidversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 118(2), 126(2), 190, 191(2), 191(3), 303(2), 352
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
2/3
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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