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Patna High Court

Md. Gabbar @ Md. Aftab AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Md. Gabbar, sought anticipatory bail fearing arrest in a case involving multiple IPC offences such as assault, extortion and criminal conspiracy. The prosecution alleged that on 27‑10‑2025 the accused, including the petitioner, assaulted an informant and demanded a ransom of Rs.2,00,000, causing injuries. The petitioner contended he was innocent, claiming the case was fabricated to conceal misappropriation of funds from a Madarsa run by the informant, and argued that the allegations were general, omnibus and lacked specific acts. He also highlighted that co‑accused had been granted anticipatory bail in a similar case (Cr. Misc. No. 5619 of 2026). The court, noting the vague nature of the accusations, the minor injuries, and the principle of parity, allowed the anticipatory bail, directing the petitioner to surrender within eight weeks and furnish bail‑bond and sureties under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted when the charges are general and omnibus in nature
  • Whether the petitioner is likely to be arrested despite lack of specific allegations
  • Whether parity with co‑accused who received anticipatory bail warrants the same relief
  • Whether the court can impose conditions under Section 482(2) of the CrPC

Legislation cited

Subjects

  • anticipatory bail
  • general and omnibus accusation
  • parity
  • Section 482 CrPC
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3133 of 2026
                         Arising Out of PS. Case No.-601 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
                 Md. Gabbar @ Md. Aftab Alam S/o Late Md. Umar Khan @ Umar Khan R/o
                 Village - Mahisauri, P.S - Jamui, District - Jamui

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Md. Rahmatullah, Advocate
                 For the State            :        Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   09-04-2026                  Heard Md. Rahmatullah, learned counsel appearing

                   on behalf of the petitioner and Mr. Pramod Kumar Pandey,

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 191(2),

                   191(3), 190, 126(2), 115(2), 352, 351(2), 308(2), 118(1), 117(2),

                   109 and 324(4) of the B.N.S..

                                3. As per prosecution case, it is alleged that on

                   27.10.2025 at about 5 PM, all the F.I.R. named accused persons,

                   including this petitioner, variously armed, came and started

                   abusing informant and demanded Rangdari of Rs. 2,00,000/-

                   and also assaulted informant and others with iron rod, khanti

                   and butt of pistol as a result, informant and others sustained
Patna High Court CR. MISC. No.3133 of 2026(5) dt.09-04-2026
                                            2/3




          multiple injuries.

                        4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. As a matter of fact, both parties are co-

          villagers and a Madarsa is run by the informant and others by

          collecting funds from the villagers and when the petitioner and

          others demanded the accounts of the Madarsa, only with a view

          to hide the misappropriation of funds done by the informant and

          others, this false and concocted case has been lodged. Allegation

          of assault is general and omnibus and no specific accusation of

          overt act has been alleged against this petitioner. Doctor has

          found the injuries, allegedly caused by this petitioner, simple in

          nature. Rest of the allegations are ornamental in order to make

          the case grave. It is further submitted that similarly situated co-

          accused persons have already been granted the privilege of

          anticipatory bail by this Hon’ble Court vide order dated

          20.02.2026 passed in Cr. Misc. No. 5619 of 2026.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, nature of
             Patna High Court CR. MISC. No.3133 of 2026(5) dt.09-04-2026
                                                         3/3




                       injuries allegedly caused by this petitioner and claim based on

                       parity, the prayer for grant of anticipatory bail to the petitioner is

                       allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Chief Judicial Magistrate,

                       Jamui in connection with Jamui P.S. Case No. 601 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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