Patna High Court
Md. Sabbir @ Sabbir AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2)(3), 352, 482(2)
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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