Patna High Court
Nasim AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Nasim Akhtar petitioned the Patna High Court seeking anticipatory bail after the police filed an FIR alleging his participation in a mob that assaulted police personnel following a vehicle accident in Jamaipara. The FIR listed numerous offences under the B.N.S., including sections relating to unlawful assembly, assault, and attempt to snatch a rifle. The petitioner contended that the allegations against him were general and omnibus, that he had no clean antecedents, and that similarly situated co‑accused had already been granted anticipatory bail by the same court. The State opposed the bail on the ground of the seriousness of the alleged offences. The Court examined the nature of the accusations, the petitioner’s clean record, and the principle of parity with co‑accused. It held that the lack of specific allegations against the petitioner justified the grant of anticipatory bail. Consequently, the Court ordered that the petitioner be released on bail if arrested within eight weeks, subject to a bond and sureties under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the general nature of the allegations in the FIR
- Whether the principle of parity with co‑accused who have been granted anticipatory bail applies
Legislation cited
- B.N.S. — s. 109, 115(2), 121(1), 121(2), 125(b), 126(2), 127(2), 132, 137(2), 190, 191(2), 191(3), 307, 309(5), 324(5), 331(5), 351(2), 351(3), 352, 482(2), 61(2)
Subjects
- anticipatory bail
- general allegations
- mob assault
- police assault
- clean antecedents
- parity
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22402 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Nasim Akhtar Son of Subhan Haji @ Abdul Subhan Resident of Village-
Jamra Ratanpur, P.S.- Amdabad, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajendra Prasad Sah, Advocate
For the State : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 127(2), 115(2), 109, 331(5), 132, 121(1),
121(2), 309(5), 307, 352, 351(2), 351(3), 61(2), 125(b), 137(2)
and 324(5) of the B.N.S..
3. As per prosecution case, informant, who is a police
officer, received a telephonic call from dial no. 112 to the effect
that there has been a vehicle accident at village Jamaipara, then
informant along with local Chowkidar arrived to the said
village, he saw the mob of 400-500 persons there. Informant has
further alleged that on being asked, some local persons informed
Patna High Court CR. MISC. No.22402 of 2026(2) dt.15-04-2026
2/4
him that two persons riding on motorcycle were coming and in
that course, they dashed to one Abdul Rahman who was a
resident of village Jamaipara. Further, persons disclosed that
said two motorcycle riders have been kept in the house of one
Abdul Rahman by the villagers. Hence, informant went to the
courtyard of Abdul Rahman for taking up the custody of said
motorcycle riders as well as alleged motorcycle, then he saw
that there were to 200 persons present inside and outside of the
house of Abdul Rahman. The informant has further alleged that
when he asked about said both motorcycle riders then all the
F.I.R. named accused persons, including this petitioner, got
furious and caused hindrance in legal proceedings, then the
aforesaid accused persons, including this petitioner and about
150 unknown persons and other accused named in F.I.R abused
the police personnel and also used criminal force against them
and they also tried to snatch the rifle from police personnel and
on protest all aforesaid persons started assaulting to the police
personnel and they further made lethal attack on the police
personnel and they also caused injury on the head of a
constable, namely Hitendra Kumar. They also brutally assaulted
the informant. Later on, Hitendra Kumar was taken to PHC
Amdabad for treatment. Accordingly, the present FIR.
Patna High Court CR. MISC. No.22402 of 2026(2) dt.15-04-2026
3/4
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Allegation of assault is general and
omnibus and no specific accusation of any overt act has been
alleged against this petitioner. It is further submitted that
similarly situated co-accused persons have already been granted
the privilege of anticipatory bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 24.02.2026 passed in Cr. Misc.
No. 10208 of 2026. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. 1 st Class-III, Katihar in
connection with Amdabad P.S. Case No. 237 of 2025, subject to
Patna High Court CR. MISC. No.22402 of 2026(2) dt.15-04-2026
4/4
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…