Patna High Court
Md. Sohrab @ Tauhid AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Md. Sohrab and Md. Bablu, sought anticipatory bail in a case arising from a fight between children that escalated into an alleged armed intrusion and stone‑pelting at an informant’s house, causing a minor injury. The prosecution alleged that the petitioners entered the house armed, fired a pistol at the gate, and threw stones, while the defence argued that the incident was a petty dispute, the petitioners were falsely implicated, and no firearm injury occurred. The petitioners highlighted their clean antecedent and willingness to cooperate with the investigation. The State opposed the bail, citing the seriousness of the offences under the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the facts, the clean record of the accused, and the nature of the allegations, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
- Whether the nature of the allegations and the petitioners' clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 329(3), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- clean antecedent
- armed assault
- stone pelting
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31668 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Md. Sohrab @ Tauhid Alam son of Late Md. Bakar @ Late Mohammad
Hasibul Hasan Resident Of Village- Jitwarpur Choth, Ward No 18, P.s.-
Samastipur Muffasil, Distrct- Samastipur.
2. Md. Bablu @ Mohammd Tauqir Alam son of Late Md. Bakar @
Mohammad Hasibul Hasan Resident Of Village- Jitwarpur Choth, Ward No
18, P.s.- Samastipur Muffasil, Distrct- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate.
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Samastipur Muffasil P.S. Case No.100 of 2026 instituted
under Sections 126(2), 115(2), 109(1), 329(3), 352, 351(2), 3(5)
of the B.N.S., 2023.
3. As per the prosecution case, there was a fight
between the children in the morning of 02.03.2026, thereafter
the villagers pacified the matter and sent the children to their
homes. It is alleged that when the informant was washing his
cloth, in the meantime, all the accused persons including the
Patna High Court CR. MISC. No.31668 of 2026(2) dt.07-05-2026
2/3
petitioners came to his house having armed with weapons and
started abusing. On hearing alarm, female members of the house
came there then the petitioner no.1 who had pistol in his hand
opened fire which hit on the back gate of informant’s house. It is
further alleged that hearing the sound of firing, nearby people
came there then the accused persons fled away from there after
threatening and pelting stone and bricks on the house of
informant which hit to wife of brother of the informant causing
hand injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that there is a petty dispute with respect
to children due to which a free fight takes place between the
parties. Learned counsel submits that there is case and counter
between the parties for the same occurrence. He further submits
that the injury to the injured is simple in nature. Learned counsel
submits that there is specific allegation against the petitioner
no.1 that he opened fire upon the house of the informant but no
person has received any firearm injury. He further submits that
the petitioners have got clean antecedent and they undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.31668 of 2026(2) dt.07-05-2026
3/3
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioners as well as
their clean antecedent, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned A.C.J.M.-II,
Samastipur/ concerned Court in connection with Samastipur
Muffasil P.S. Case No.100 of 2026, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…