Patna High Court
Md. Azad @ Md. RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Arms Act — s. 25(1-B)(a), 27, 35
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — s. 109, 115(2), 126(2), 25(1-B)(a), 27, 329(3), 3(5), 35, 482(2)
- Criminal Procedure Code (CrPC) — s. 438(2)
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
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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
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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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