Patna High Court
Md. Gabbar @ Md. Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 308(2), 324(4), 351(2), 352
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
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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
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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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