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Patna High Court

Md. Azad @ Md. RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions.

Summary

The petitioners, Md. Azad and Md. Jamir, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Arms Act. The FIR alleged that they were part of an unlawful mob that fired on an informant, but the specific charge of firing was directed at other co‑accused, and no injury was reported. The petitioners contended that there were no specific allegations against them, the seized motorcycle did not belong to them, and they have no criminal antecedents. The State opposed the bail on the basis of the FIR allegations. The Court, after considering the general and omnibus nature of the allegations and the lack of specific incrimination of the petitioners, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the general allegations in the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • unlawful assembly
  • arms act
  • BNSS
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2886 of 2026
                      Arising Out of PS. Case No.-326 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
           1.     Md. Azad @ Md. Raja S/o Md. Imam @ Md. Imaman R/o Village -
                  Hanuman Nagar, P.S - Rosera, District - Samatipur
           2.    Md. Jamir @ Raja S/o Md. Sultan R/o Village - Hanuman Nagar, P.S -
                 Rosera, District - Samatipur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhav Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 329(3), 109 and 3(5) of the B.N.S. and Section 25(1-B)

                   (a), 27 and 35 of the Arms Act.

                                3. The allegation in the First Information report is

                   that the petitioners are members of an unlawful mob which

                   resorted to firing upon the informant and his son which they

                   escaped.

                                4. Learned counsel for the petitioners submits that

                   from bare perusal of the First Information Report itself it would
Patna High Court CR. MISC. No.2886 of 2026(2) dt.28-01-2026
                                            2/3




          be evident that there are general and omnibus allegations against

          seven named accused and 8-10 unknown persons of having

          formed an unlawful assembly, however the specific allegation of

          resorting to firing is against co-accused Ankit Yadav, Radhe Das

          and Mukesh Das and three persons were even apprehended by

          the local villagers. So far as the petitioners are concerned, there

          is no specific allegation of any kind of assault or opening of

          firing. Moreover, in the entire transaction no person has been

          injured and as a matter of fact, the seized motorcycle from the

          place of occurrence also does not belong to the present

          petitioners.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail on the basis of allegations made in the First

          Information Report.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and considering the general and omnibus nature

          of allegations against the petitioners with the thrust of allegation

          being on co-accused persons, let the above named petitioners,

          who have no criminal antecedent, be released on bail, in the

          event of their arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
              Patna High Court CR. MISC. No.2886 of 2026(2) dt.28-01-2026
                                                          3/3




                        sureties of the like amount each to the satisfaction of the learned

                        Court below where the case is pending/successor Court in

                        connection with Rosera P.S. Case No. 326 of 2025, subject to

                        the condition as laid down under Section 438 (2) of the Cr.P.C/

                        Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita

                        (BNSS), 2023.


                                                      (Soni Shrivastava, J)

anand/-

U         T


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