Patna High Court
Saddam @ Sakib AnwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and surety conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioners, Saddam @ Sakib Anwar and Arif @ Ansari Arif Anwar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S., 2023 relating to a ruckus and arson of an ambulance after a death was declared at a hospital. They contended that they were falsely implicated by an informant, had no connection with the deceased, and were merely present at the hospital for a relative's treatment, though video footage captured them. The prosecution alleged that the accused, including the petitioners, set the ambulance on fire out of anger. The petitioners highlighted that a co‑accused, Md. Naushad Alam, had already been granted anticipatory bail in a similar matter. The State opposed the relief, but the Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC in view of the allegations against them
- Whether the conditions of Section 482(2) of the B.N.S.S. justify the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- false implication
- criminal procedure
- video evidence
- ambulance arson
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25332 of 2026
Arising Out of PS. Case No.-302 Year-2024 Thana- DHAKA District- East Champaran
======================================================
1. Saddam @ Sakib Anwar S/o Irshad Hussain @ Irshad Hussain @ Irshad
Ansari R/o Village - Lahan Dhaka, P.S- Dhaka, District - East Champaran
2. Arif @ Ansari Arif Anwar S/o Irshad Hussain @ Irshad Hussin @ Irshad
Ansari R/o Village - Lahan Dhaka, P.S -Dhaka, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Zaki Haider
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehends their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 329(4), 324(4), 326(g), 115(2), 109, 132, 221,
121(1), 121(2) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and the petitioner no.
2 is a person with clean antecedent.
4. Prosecution story in short is that the accused
persons including the petitioners were enraged when the
deceased was brought to the hospital and was declared dead by
Patna High Court CR. MISC. No.25332 of 2026(2) dt.08-05-2026
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the doctor, accordingly, the accused persons including the
petitioners created ruckus and set ambulance on fire and the
accused were identified by video footage.
5. Learned counsel further submits that the petitioners
were falsely implicated in the instant case by the informant. It
is further submitted that petitioners have no relation or concern
with the deceased and they had gone to the hospital on the date
of occurrence in connection of treatment of their relative where
they also got captured in the video footage. It is also submitted
that similarly situated co-accused, namely, Md. Naushad Alam
has been granted privilege of anticipatory bail by an order dated
24.3.2026 in Cr. Misc. No. 17483 of 2026.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. Considering the submissions made by the learned
counsel for the petitioners, the petitioners 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 Dhaka PS case No. 302 of 2024, subject to the
Patna High Court CR. MISC. No.25332 of 2026(2) dt.08-05-2026
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conditions as laid down under Section 438(2) of Cr.P.C./ u/s 482
(2) of the B.N.S.S.
(Satyavrat Verma, J)
Ranjeet/-
U T
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