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Patna High Court

Md. Monaf @ MunafversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Md. Monaf, sought anticipatory bail fearing arrest in a case (PS Dhaka case No. 302 of 2024) involving offences under multiple sections of the B.N.S., 2023, arising from an incident where accused allegedly set an ambulance on fire after a death was declared. The petitioner claimed he was falsely implicated, had no relation to the deceased, and was merely present for a relative's treatment, being captured on video. He also highlighted that a co‑accused, Md. Naushad Alam, had earlier been granted anticipatory bail in a similar matter. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious nature of the alleged offences
  • Whether the presence of video footage and prior bail to a co‑accused justify denial of bail
  • Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are satisfied

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • B.N.S.S.
  • video evidence
  • ambulance arson
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26168 of 2026
                    Arising Out of PS. Case No.-302 Year-2024 Thana- DHAKA District- East Champaran
                 ======================================================
                 Md. Monaf @ Munaf S/O Abdul Ahad @ Abdul Ahmad R/O Vill- Lahan
                 Dhaka, P.S- Dhaka, Dist- East Champaran
                                                                   ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Patna
                                                            ... ... 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 petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his 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 petitioner submits that

                   petitioner has antecedents of two cases.

                                4. Prosecution story in short is that the accused

                   persons including the petitioner was enraged when the deceased

                   was brought to the hospital and was declared dead by the doctor,

                   accordingly, the accused persons including the petitioner created

                   ruckus and set ambulance on fire and the accused were

                   identified by video footage.

                                5. Learned counsel further submits that the petitioner

                   was falsely implicated in the instant case by the informant. It is
            Patna High Court CR. MISC. No.26168 of 2026(2) dt.08-05-2026
                                                        2/2




                      further submitted that petitioner has no relation or concern with

                      the deceased and they had gone to the hospital on the date of

                      occurrence in connection of treatment of his relative where he

                      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 this Court vide 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 petitioner.

                                   7. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, in the

                      event of his 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) 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 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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