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Patna High Court

Md. Sahid @ Md. ShahidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail as there is no specific allegation against him and co‑accused have been granted anticipatory bail.

Summary

The petitioner, Md. Shahid, was arrested on 15 January 2026 in connection with FIR dated 7 December 2025 alleging assault and theft under several sections of the Bharatiya Nyay Sanhita, 2023. He applied for regular bail, contending that the FIR contains only a generic allegation against all accused and no specific charge against him. The prosecution opposed bail, citing the petitioner’s prior criminal record and reliance on Section 41(2) of the Criminal Procedure Code. The court noted that co‑accused persons had already been granted anticipatory bail by a coordinate bench, indicating the absence of individualized incriminating material against the petitioner. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, presence, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the absence of a specific allegation of assault against him in the FIR.
  • Whether the petitioner’s prior criminal antecedent and the provisions of Section 41(2) of the Cr.P.C. preclude the grant of bail.
  • Whether the anticipatory bail granted to co‑accused persons influences the decision on bail for the petitioner.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • criminal antecedent
  • assault
  • theft
  • Bharatiya Nyay Sanhita
  • CrPC 41(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22266 of 2026
                   Arising Out of PS. Case No.-254 Year-2025 Thana- BARHARA KOTHI District- Purnia
                 ======================================================
                 Md. Sahid @ Md. Shahid son of Md. Sattar Resident of Village- Murballa,
                 Ps- Barhara Kothi, Dist- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-04-2026                     Heard Mr. Binod Kumar Sinha, learned counsel for

                   the petitioner as well as Mr. Anil Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.01.2026 in connection with Barhara Kothi P.S. Case No. 254

                   of 2025, F.I.R. dated 07.12.2025 for the offences punishable

                   under Sections 115(2), 303(2), 351(2), 352, 3(5), 109(2) of the

                   Bharatiya Nyay Sanhita, 2023.

                               3. According to prosecution case, it is alleged that the

                   petitioner along with other accused persons assaulted the elder

                   brother of the informant by means of stick and iron rod and took

                   Rs.5000/- from his pocket.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.22266 of 2026(2) dt.06-04-2026
                                            2/3




          present case. Although the petitioner is named in the FIR but

          from bare perusal of the FIR it appears that there is no specific

          allegation of assault or overt act against him rather there is

          general and omnibus allegation against all the accused persons

          including the petitioner and similarly situated co-accused

          persons, namely, Sattar@ Satto & others have been granted the

          privilege of anticipatory bail by the co-ordinate Bench of this

          Court vide order dated 25.03.2026 in Cr. Misc. No.15135 of

          2026 and the petitioner is in custody since 15.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries one criminal antecedent and

          petitioner has got benefit of 41(2) Cr.P.C.

                       6. Considering the aforesaid facts and circumstances,

          there is no specific allegation of assault or overt act against the

          petitioner and similarly situated co-accused personshave been

          granted the privilege of anticipatory bail by the co-ordinate

          Bench of this Court, let the petitioner, above named, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned A.C.J.M-1st Purnea in connection with Barhara

          Kothi P.S. Case No. 254 of 2025, subject to the following
            Patna High Court CR. MISC. No.22266 of 2026(2) dt.06-04-2026
                                                        3/3




                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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