Patna High Court
Md EjajversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Md. Ejaj and his father Md. Imteyaz, were named in FIR No. 381 of 2025 for alleged offences under Sections 303(2), 317(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, relating to a police raid in which a stolen motorcycle with false number plates was discovered. They sought anticipatory bail, claiming innocence and alleging that they were falsely implicated solely because of their relationship to co‑accused Shahnawaz Qadri. The State opposed the bail, emphasizing the seriousness of the charges and the petitioners’ alleged involvement. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, noting the present facts and circumstances. However, the Court directed that if the petitioners surrender within four weeks, the trial court should consider their surrender‑cum‑bail application on the merits without prejudice to the rejection of anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and their relationship to a co‑accused
- Whether the petitioners’ prior criminal antecedent (in the case of Md. Ejaj) affects the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(5), 318(4), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- false number plates
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21779 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
1. Md Ejaj Son of Md. Emteyaj @ Nassu R/o Village - Jarmakhap, P.S. -
Muffasil, Dist. - Aurangabad(Bihar).
2. Md. Imteyaz @ Nassu R/o Village - Jarmakhap, P.S. - Muffasil, Dist. -
Aurangabad(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners are apprehending arrest in
connection with Aurangabad Muffasil P.S. Case No. 381 of
2025 lodged on 07.10.2025, for the offence punishable under
Sections 303(2), 317(5), 318(4) & 3(5) of the Bharatiya Nyaya
Sanhita, 2023, pending in the Court of Chief Judicial
Magistrate, Aurangabad.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioners
with allegation that when the police party conducted a raid to
arrest accused Shahnawaz Qadri @ Pammi, then he along with
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his brother Md. Ejaj and father Md. Imteyaj escaped. During the
raid, a suspicious motorcycle was found at the house of the
accused person which was later came to know that the said
motorcycle was stolen one. It has also been alleged that the
accused persons use stolen motorcycles with false number plates
to commit crimes.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioners have been falsely
implicated in this case by the police only on the ground that the
petitioners are brother and father of co-accused Shahnawaz
Qadri @ Pammi. Counsel further submits that the petitioner
no.2 has clean antecedent, whereas, petitioner no.1 has one
criminal antecedent, in which, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioners. Accordingly, the
prayer for anticipatory bail of the petitioners are hereby rejected.
7. However, if petitioners surrender before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on
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their surrender-cum-bail application on the same day, without
being prejudice that the anticipatory bail of the petitioners has
been rejected by this Court and the Trial Court shall pass order
on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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