Patna High Court
Md. Monaf @ MunafversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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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