Patna High Court
Ahad Hussain @ Ahat HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Ahad Hussain, sought anticipatory bail fearing arrest in a case (Kishanganj PS Case No. 630 of 2025) alleging offences under Sections 418 and 409 IPC. The FIR originally named only Harsh Kumar, but during investigation the petitioner’s name was added. The petitioner claimed innocence and a clean criminal record, while the State opposed the bail. The Court, noting the primary thrust of the allegation against Harsh Kumar and the petitioner’s clean antecedent, inclined to grant anticipatory bail. Accordingly, the Court ordered release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita, emphasizing that the observations are prima facie and not on the merits.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC.
- Whether the petitioner’s alleged involvement warrants denial of bail given the primary accusation against another person.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 409, 418
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 Bharatiya Nagarik Suraksha Sanhita
- IPC Sections 418, 409
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29666 of 2026
Arising Out of PS. Case No.-630 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Ahad Hussain @ Ahat Hussain S/o Late Syed Hussain @ Amir Hussain
Resident of Village - Roidhasa Khanqah, PS - Kishanganj, District -
Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Radha Mohan Singh, Adv.
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kishanganj P.S. Case No. 630 of 2025
registered for the offences punishable under Sections 418 and
409 of the Indian Penal Code.
3. The F.I.R. was lodged with the allegation that a
boiler of the kitchen of the institution of the informant used to
prepare food for mid-day-meal. In the F.I.R. the allegation is
only against Harsh Kumar. In his confession he named the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and have falsely been implicated in the
present case. The petitioner got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.29666 of 2026(3) dt.13-05-2026
2/2
the prayer for anticipatory bail of the petitioner.
6. The thrust of allegation is against Harsh Kumar
and name of the petitioner has transpired during investigation
who is having clean antecedent. Accordingly, this Court is inclined
to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate in
connection with Kishanganj P.S. Case No. 630 of 2025 , subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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