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Patna High Court

Md. Nizam @ NiyazversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail is not maintainable where proceedings under Section 84 of the Bhartiya Nayay Sanhita are already pending.

Summary

The petitioners sought anticipatory bail in a murder case (PS Case No. 618 of 2025) involving offences under several sections of the Bhartiya Nayay Sanhita. Petitioners 1 and 2 withdrew their bail applications after surrendering before the trial court, leading to dismissal of their petitions as withdrawn. Petitioner's 3, Md. Muzammil, claimed he only instigated the crime and had a clean antecedent, seeking anticipatory bail. The State and the informant opposed bail, arguing that proceedings under Section 84 of the BNS were already initiated against him. The court accepted that Section 84 proceedings were pending and held that the anticipatory bail petition was not maintainable, thereby rejecting the bail application.

Issues considered

  • Whether anticipatory bail can be granted when the accused has already surrendered before the trial court.
  • Whether anticipatory bail is maintainable when proceedings under Section 84 of the Bhartiya Nayay Sanhita are already pending.
  • Whether alleged instigation without physical participation suffices for granting anticipatory bail.

Subjects

  • anticipatory bail
  • Section 84
  • murder
  • bail petition
  • surrender
  • criminal procedure
  • Bhartiya Nayay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23763 of 2026
                    Arising Out of PS. Case No.-618 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
           1.     Md. Nizam @ Niyaz S/o Late Md. Mojib R/o Village - Mirzapur, P.S - Sadar
                  Purnia, District – Purnia.
           2.    Md. Saidur @ Saidur Rahman S/o Md. Nizam @ Niyaz R/o Village -
                 Mirzapur, P.S - Sadar Purnia, District – Purnia.
           3.     Md. Muzammil @ Mhzammil Haque S/o Shish Mohammad R/o Village -
                  Mirzapur, P.S - Sadar Purnia, District – Purnia.
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhola Prasad, Advocate
                 For the Opposite Party/s :       Mr.Surendra Kumar, APP
                 For the O.P.             :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Bidhu Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioners, learned Additional Public Prosecutor appearing on

                   behalf of the State and leaned counsel appearing for the

                   informant.

                                2. At the outset, it is submitted by learned counsel for

                   the petitioners that he may be permitted to withdraw the

                   anticipatory bail petition qua petitioner no. 1, namely, Md. Nizam

                   @ Niyaz and petitioner no. 2, namely, Md. Saidur @ Saidur

                   Rahman, as they surrendered before the learned trial court.

                                3. Considering aforesaid submission, the prayer of

                   anticipatory bail petition of the petitioner nos. 1 and 2 stands

                   dismissed as withdrawn being infructuous.
Patna High Court CR. MISC. No.23763 of 2026(2) dt.23-04-2026
                                            2/3




                       Now, this petition survives only against petitioner no.

          3, namely, Md. Muzammil @ Muzammil Haque.

                          4. The accused/petitioner apprehending his arrest in

          connection with Sadar P.S. Case No. 618 of 2025 registered for

          the offences punishable under Sections 126(2), 115(2), 117(1),

          109, 74, 352, 351(2), 3(5) of Bhartiya Nayay Sanhita and later

          on 03.01.2026 offence under Section 103(1) of the BNS was

          added.

                       5. As per FIR, petitioner alleged to involved in

          committing murder of son of the informant.

                       6. It is submitted by learned counsel appearing on

          behalf of the petitioner that the petitioner was not involved in

          physical assault and as per facial perusal of FIR, allegation as to

          cause fatal physical assault is specifically available against co-

          accused persons, namely, Tanjarul and Manjarul and this

          petitioner was implicated only being their father, where maximum

          allegation against this petitioner is to instigate as to give an order

          to co-accused persons, namely, Tanjarul and Manjarul to kill the

          son of the informant during the occurrence. It is submitted that

          petitioner is a man of clean antecedent.

                       7. Learned APP opposed the prayer of bail.

                       8. Mr. N.K. Agrawal, learned senior counsel appearing
              Patna High Court CR. MISC. No.23763 of 2026(2) dt.23-04-2026
                                                          3/3




                        for the informant, while opposing the prayer of bail submitted

                        that the present bail petition is not maintainable for the reasons

                        that the proceedings under Section 84 of BNS already initiated

                        against petitioner no. 3, namely, Md. Muzammil @ Muzammil

                        Haque by the learned trial court vide its order dated 02.04.2026.

                                     9. The aforesaid fact would not disputed by learned

                        counsel appearing for the petitioner.

                                     10. In view of aforesaid factual submission, as the

                        proceeding under Section 84 of BNS already initiated against

                        petitioner no. 3, namely, Md. Muzammil @ Muzammil Haque,

                        accordingly, the prayer of anticipatory bail of the petitioner no. 3,

                        namely, Md. Muzammil @ Muzammil Haque stands rejected being

                        not maintainable.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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