Patna High Court
Md. Noman Azad @ Mohammad Numan AzadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to petitioners 1‑4 and 6‑10 subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, a group of ten individuals, were arrested in connection with an alleged assault on police personnel at Kumarkhand police station, arising from a land dispute between Md. Laddu and Md. Jabbar. The petitioners contend they were falsely implicated, that the police misbehaved, and that they only entered the station to lodge a complaint, not to commit any offence. They sought anticipatory bail, while the State opposed the relief. The court noted that most petitioners have clean antecedents, that specific allegations of assault are limited, and that the circumstances suggest a dispute rather than a criminal conspiracy. Consequently, the court granted anticipatory bail to petitioners 1‑4 and 6‑10, subject to bail bonds and sureties, and allowed the withdrawal of the application for petitioner 5 who had already been arrested.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offences under the IPC.
- Whether the allegations against the petitioners constitute a prima facie case warranting denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109, 115(2), 121(1), 121(2), 125, 126(2), 132, 190, 191(2), 191(3), 351(2), 352
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 BNSS
- Indian Penal Code offences
- false implication
- police assault
- land dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2521 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- KUMAR KHAND District- Madhepura
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1. Md. Noman Azad @ Mohammad Numan Azad S/o- Md. Rafique Uddin @
Md. Rafik R/v- Lakshmipur Chandisthan PS - Kumarkhand Dist-
Madhepura
2. Md. Nishad @ Nishar Ahmad @ Md. Tunna S/o- Md. Jainul @
Jainulabuddin @ Jainul Abedin R/v- Lakshmipur Chandisthan PS-
Kumarkhand Dist- Madhepura
3. Md. Ashfak @ Md. Asfak S/o- Md. Jainul @ Jainulabuddin @ Jainul Abedin
R/v- Lakshmipur Chandisthan PS - Kumarkhand Dist- Madhepura
4. Md. Munna @ Md. Azad Alam S/o- Md. Jainul @ Jainul Abedin @
Jainulabuddin R/v- Lakshmipur Chandisthan PS- Kumarkhand Dist-
Madhepura
5. Md. Laddu @ Mister Laddu S/o- Md. Jainul @ Janulabuddin @ Jainul
Abedin R/v- Lakshmipur Chandisthan PS- Kumarkhand Dist- Madhepura
6. Monu Kumar Yadav @ Monnu Kumar S/o- Rajkishore Yadav R/v-
Lakshmipur Chandisthan PS- Kumarkhand Dist- Madhepura
7. Prabhash Kumar @ Prabhat Kumar S/o- Ganesh Sah R/v- Lakshmipur
Chandisthan PS- Kumarkhand Dist- Madhepura
8. Md. Bashim @ Md. Wasim Akram S/o- Md. Asfak R/v- Lakshmipur
Chandisthan PS- Kumarkhand Dist- Madhepura
9. Rajiv Yadav @ Rajiv Kumar S/o- Late Mangen Yadav R/v- Lakshmipur
Chandisthan PS- Kumarkhand Dist- Madhepura
10. Sudish Yadav S/o- Late Upendra Prasad Yadav @ Upendra Yadav R/v-
Lakshmipur Chandisthan PS - Kumarkhand Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hrishikesh, Advocate
For the Opposite Party/s : Ms. Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Learned counsel for the petitioners seeks permission to
withdraw the anticipatory bail application with respect to petitioner
Patna High Court CR. MISC. No.2521 of 2026(3) dt.19-02-2026
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no. 5, namely, Md. Laddu @ Mister Laddu who was arrested during
pendency of the same.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application with
respect to petitioner no. 5 is dismissed as withdrawn.
5. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2), 191(3),
190, 126(2), 115(2), 121(1), 121(2), 125, 132, 109, 352 and 351(2) of
the BNS.
6. Learned counsel for the petitioners submits that
petitioners no. 1, 2, 4, 7, 8, 9 and 10 are persons with clean
antecedent while petitioner no. 3 has antecedent of two cases and
petitioner no. 6 has antecedent of one case.
7. It is submitted that inadvertently at para 3, it has been
typed petitioner no. 2 in front of name of Md. Ashfak @ Md. Asfak
when he is petitioner no. 3 in the instant anticipatory bail application,
thus, seeks permission to rectify the said mistake.
8. Permission is accorded.
9. It is submitted that in sum and substance, the allegation
is that the accused persons including the petitioners entered the
police station and attacked the police force causing injury to the
police personnel.
10. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.2521 of 2026(3) dt.19-02-2026
3/4
informant. It is further submitted that it does not appear probable that
for no reason the accused persons would have entered the police
station and thereafter would have assaulted the police personnel. It is
next submitted that Md. Jabbar was trying to grab the land of Md.
Laddu @ Mister Laddu for which Md. Laddu @ Mister Laddu had
gone to the police station to complain and when his complain was not
registered, he came back to his house and thereafter his relatives and
friends accompanied him to the police station where the police
official misbehaved with them, as such, an altercation took place. It
is also submitted that it does not appear probable that petitioners
would have entered the police station with an intent to commit an
occurrence. It is further submitted that since the SHO of the
concerned police station was not registering an FIR with regard to
the dispute which had arisen in between Md. Laddu @ Mister Laddu
and Md. Jabbar, as such, an altercation took place and when the
police personnel started threatening the petitioners of implicated
them in a false case that led to the occurrence in which the police
personnel assaulted the side of the petitioners and also instituted a
false case. It is next submitted that there is no specific allegation of
assault against the accused persons, except Md. Nishad @ Nishar
Ahmad @ Md. Tunna (petitioner no. 2). It is also submitted that four
persons were arrested. It is thus submitted that had the petitioners
gone to the police station with an intent to commit an occurrence
then the accused persons would not have been arrested. It is further
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submitted that force was used from the side of the police and the
accused persons including the petitioners in order to save themselves
were trying to defend when some minor injuries might have been
caused to the police personnel.
11. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
12. Considering the submissions made by the learned
counsel for the petitioners no. 1 to 4 and 6 to 10, let the petitioners
no. 1 to 4 and 6 to 10 above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/Successor Court in connection with Kumarkhand P.S. Case
No. 179 of 2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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