Patna High Court
Md. Ehtesham Ahmad @ Ehtesham AhmadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court held that the petitioner is entitled to anticipatory bail subject to the conditions stipulated.
Summary
The petitioner, Md. Ehtesham Ahmad, sought relief from imminent arrest in a case (No. 98 of 2026) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including extortion, assault and robbery. The prosecution alleged that the petitioner, along with two others, stopped an informant’s motorcycle, demanded Rs. 1 crore, assaulted the informant and his cousin, and stole a gold chain. The petitioner contended that he is innocent, that a counter‑case (No. 97 of 2026) exists in which the informant had earlier demanded extortion from him, and that the present case is fabricated, emphasizing his clean criminal record. The State opposed the grant of anticipatory bail. After considering the submissions and the circumstances, the court ordered that the petitioner be released on anticipatory bail provided he surrenders within six weeks, furnishes a bail bond of Rs. 10,000 with two sureties, and complies with conditions under Section 482(2) of the Bharatiya Nyaya Sanhita. The order reflects the court’s view that the criteria for denying bail were not met and that the petitioner’s liberty should be protected pending trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the seriousness of the alleged offences and the risk of tampering with evidence justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 308(3), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- extortion
- assault
- false implication
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29165 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- KHAJEKALA District- Patna
======================================================
Md. Ehtesham Ahmad @ Ehtesham Ahmad, Son of Md. Sagir Ahmad @
Saghir Ahmad, Resident of Village - Chiti kurai, P.S.- Khajekalan, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navneet Dubey, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Khajekalan P.S. Case No. 98 of 2026 dated 09.02.2026,
instituted for the offence punishable under Sections 126(2),
115(2), 303(2), 308(3), 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that on
09.02.2026, when the informant was going to Circle Office,
Agamkuan, Patna then three persons came and stopped his
motorcycle and demanded Rs. 1 crore as extortion. When the
informant opposed then the accused persons including the
Patna High Court CR. MISC. No.29165 of 2026(2) dt.06-05-2026
2/3
petitioner assaulted him and his cousin. It is further alleged that
the petitioner snatched the gold chain of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that there is a case and counter case
between the parties. The petitioner has lodged Khajekalan P.S.
Case No. 97 of 2026 dated 09.02.2026 against the informant and
others in which it has been alleged that Md. Azad (informant)
has demanded extortion of Rs. 10 lakhs from Md. Ehtesham
Ahmad (petitioner) and when the petitioner lodged Khajekalan
P.S. Case No. 97 of 2026 against the informant then the present
forged and fabricated case has been lodged against him. Lastly,
it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Khajekalan P.S. Case
No. 98 of 2026, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.29165 of 2026(2) dt.06-05-2026
3/3
Judicial Magistrate, 1st Class, Patna City, subject to condition as
laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J)
Sankalp/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.