Patna High Court
Md. Monu @ Md. QadirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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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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