Patna High Court
Ujir @ Md. UjirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to strict conditions.
Summary
Ujir, a resident of Katihar district, sought anticipatory bail fearing arrest in a case (Amdabad P.S. Case No. 237 of 2025) involving numerous offences under the B.N.S. The prosecution alleged that locals, after a bike accident, attacked police, leading to the FIR. The petitioner contended he had no role or criminal antecedent and cited a similar relief granted in Md. Husen & Ors. v. State of Bihar. The State opposed, claiming the petitioner participated in the assault. Considering the lack of antecedent and precedent, the court granted anticipatory bail with a Rs.10,000 bond and several conditions, including regular police appearances and non‑interference with witnesses.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
Legislation cited
- B.N.S. — s. 109, 115(2), 121(1), 121(2), 126(2), 126(b), 127(2), 132, 137(2), 190, 191(2), 191(3), 307, 309(5), 324(5), 331(5), 351(2), 351(3), 352, 61(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- bail conditions
- police assault
- no criminal antecedent
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20884 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Ujir @ Md. Ujir S/O Lal Mohammad @ Lal Mohd. Resident of Village-
Jiyamari, P.S.- Amdabad, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Amdabad P.S. Case No. 237 of 2025 registered
for the offence under Sections 191(2), 191(3), 190, 126(2),
127(2), 115(2), 109, 331(5), 132, 121(1), 121(2), 309(5), 307,
352, 351(2), 351(3), 61(2), 126(b), 137(2) and 324(5) of the
B.N.S., lodged on 26.09.2025 by the informant, Amit Kashyap.
3. As per the prosecution story, the Police on secret
information through dial 112 that a bike has met with an
accident and the locals have made them captive in the house of
Abdul Rahman, reached there, the allegation is that the locals
became angry and started attacking the Police Force causing
injury to the informant and others. This led to the F.I.R..
4. Learned counsel for the petitioner submits that no
Patna High Court CR. MISC. No.20884 of 2026(2) dt.08-04-2026
2/3
any role has been assigned to him nor he has criminal
antecedent. Further, similar situate persons have been granted
relief in Cr. Misc. No. 10208 of 2026 (Md. Husen and Ors. vs.
The State of Bihar) on 24.02.2026 by the coordinate Bench.
5. Learned APP opposes the prayer submitting that
they attacked the Police Force.
6. Considering the submissions of the parties as also
that he do not have criminal antecedent, some of the similar
situate accused have been granted relief, as stated above, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, First Class, Katihar,
in connection with Amdabad P.S. Case No. 237 of 2025 subject
to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
Patna High Court CR. MISC. No.20884 of 2026(2) dt.08-04-2026
3/3
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) 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/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…