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Patna High Court

Md. Monu @ Md. QadirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond, sureties, and specified conditions.

Summary

The petitioner, Md. Monu (also known as Md. Qadir), sought bail fearing arrest in a case (Baligao PS Case No. 117 of 2025) involving alleged blockage of National Highway‑28, a bus fire and assault on the driver, with offences under several sections of the B.N.S., 2023 and the Bihar Control of the Use and Play of Loud Speakers Act, 1955. He contended that he was merely a passerby and was falsely implicated, pointing out that a co‑accused had already been granted anticipatory bail by a coordinate bench. The State opposed his bail application. The Court, noting the general and omnibus nature of the allegations and the precedent of anticipatory bail to a co‑accused, ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions including a relative as a bailor, attendance before the trial court, and a contribution of Rs.5,000 to the Chief Minister’s Relief Fund. The order was made under Section 482(2) of the B.N.S., 2023.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the general nature of the allegations?
  • Does the grant of anticipatory bail to a co‑accused influence the bail decision for the petitioner?
  • Are the conditions imposed under Section 482(2) of the B.N.S., 2023 valid and enforceable?

Legislation cited

  • B.N.S., 2023 — s. 109, 132, 190, 191(2), 191(3), 192, 223, 324(6), 326(b), 351(2), 482(2)

Subjects

  • bail
  • anticipatory bail
  • highway obstruction
  • public nuisance
  • criminal procedure
  • Section 482
  • B.N.S. 2023
  • Loud Speakers Act 1955
  • relief fund

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21504 of 2026
                      Arising Out of PS. Case No.-117 Year-2025 Thana- BALIGAON District- Vaishali
                 ======================================================
                 Md. Monu @ Md. Qadir S/o Md. Munna, Resident of Village- Kawadih,
                 Police Station- Baligao, District- Vaishali.
                                                                      ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dharmesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   10-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2.    In    the    present      case,     the    petitioner       is

                   apprehending his arrest in connection with Baligao P.S. Case

                   No. 117 of 2025, dated 08.07.2025, registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 223, 192, 132,

                   109, 351(2), 326(b) and 324(6) of the B.N.S., 2023 and Sections

                   3, 7 and 9 of the Bihar Control of the Use and Play of Loud

                   Speakers Act, 1955.

                                   3. As per prosecution case, the accused persons

                   blocked the National Highway-28 during a procession along

                   with loud DJ music and no one was ready to clear the said

                   National Highway for the movement of the passengers. In the

                   meantime, a motorcycle rider hit the bus coming from

                   Samastipur which was followed by the accused persons putting
Patna High Court CR. MISC. No.21504 of 2026(2) dt.10-04-2026
                                            2/3




          the bus on fire and they also assaulted the bus driver.

                          4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in this

          case. The petitioner was merely a passerby, who was present at

          the wrong place, which resulted in him getting implicated.

          Learned counsel further submits that a co-accused person,

          namely Saiyad Jaki Ahmad, has been granted the privilege of

          anticipatory bail by a learned co-ordinate Bench of this Court

          vide order dated 12.03.2026 passed in Cr. Misc. No. 15314 of

          2026. Learned counsel lastly submits that the petitioner, in order

          to show his bona fide, wants to contribute Rs. 5,000/- to the

          Chief Minister’s Relief Fund.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the allegation levelled against the petitioner is general

          and omnibus and further considering the grant of privilege of

          anticipatory bail to a co-accused person by a learned co-ordinate

          Bench of this Court, let the petitioner, above-named, in the

          event of his arrest or surrender before the Court concerned

          within a period of eight weeks from today, be released on bail,
          Patna High Court CR. MISC. No.21504 of 2026(2) dt.10-04-2026
                                                      3/3




                    on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

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

                    satisfaction of learned Judicial Magistrate 1st Class, Vaishali at

                    Hajipur, in connection with Baligao P.S. Case No. 117 of 2025,

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

                    the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the Court below, if so required by the

                    learned trial Court.

                                    (iii) The petitioner will pay Rs. 5,000/- to the Chief

                    Minister’s Relief Fund through Demand Draft and the receipt

                    be submitted to the learned trial Court.



                                                            (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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