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Patna High Court

Md. Sabbir @ Sabbir AhmadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Md. Sabbir Ahmad, was implicated in a case (Palasi PS Case No. 268 of 2025) alleging participation in a mob assault during a Moharram fair, with charges under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He contended that he was falsely implicated, had no direct involvement in the assault, and possessed a clean antecedent. The State opposed his bail application. The Court, after considering the facts, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to conditions under section 482(2) of the BNSS. The bail order was conditioned on the petitioner surrendering within eight weeks and complying with the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious charges under sections 126(2), 115(2), 118(1), 109, 352, 303(2), 351(2)(3) and 3(5) of the BNSS.
  • Whether the petitioner’s alleged participation as a mere member of the mob, without specific acts of assault, justifies bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • mob assault
  • false implication
  • section 482
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2156 of 2026
                         Arising Out of PS. Case No.-268 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Md. Sabbir @ Sabbir Ahmad S/o- Rasid R/v- Harwa Ps- Palasi Dist- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :        Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                        Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 126 (2), 115 (2), 118(1),

                   109, 352, 303(2), 351(2)(3) and 3 (5) of the BNS.

                                3 . As per F.I.R., on the alleged date and time of

                   occurrence, when informant along with his family members was

                   returning home after attending Moharram fair, all the accused

                   persons including this petitioner assaulted him and his family

                   members.

                                4. It is submitted on behalf of the petitioner that

                   petitioner is innocent and has falsely been implicated in this

                   case. Specific accusation of assault is against other co-accused

                   persons. So far as           this petitioner is concerned, there is no
            Patna High Court CR. MISC. No.2156 of 2026(2) dt.11-02-2026
                                                        2/2




                      specific accusation of any assault or overt act against his and he

                      is only alleged to be member of the mob. Petitioner claims clean

                      antecedent.

                                   5 . Learned counsel for the State opposed the bail

                      petition .

                                    6. Considering the aforesaid facts and circumstances

                      of the case, in the event of arrest or surrender within eight

                      weeks from today, let the petitioner, as named above , be

                      enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten

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

                      satisfaction of the learned Chief Judicial Magistrate , Araria in

                      connection with Palasi P.S. Case No. 268 of 2025 , subject to the

                      conditions laid down under section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita ( BNSS), 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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