Patna High Court
Md. Sanu @ Md. Ehtesham AkhtarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond of Rs 10,000, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Sanu, was implicated in a case arising from a Moharram procession during which a bus was set on fire and its driver assaulted, leading to charges under multiple sections of the Bihar Nagarik Suraksha Sanhita and the Bihar Control and Consumption of Loudspeakers Act. He contended that he was falsely implicated due to village politics, that the FIR was lodged after an unexplained two‑day delay, and that no specific allegation was made against him. The petitioner highlighted his clean criminal record and pointed out that co‑accused persons in the same case had already been granted bail by a coordinate bench. The State opposed the anticipatory bail application. Considering the petitioner’s clean antecedent, the precedent of bail to co‑accused, and the circumstances of the case, the court granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the delay in filing the FIR and lack of specific allegations justify bail.
- Whether the precedent of bail to co‑accused influences the decision.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Control and Consumption of Loudspeakers Act — s. 3, 7, 9
- Bihar Nagarik Suraksha Sanhita — s. 109, 132, 190, 191(2), 191(3), 192, 323, 324(5), 324(6), 326(b), 351(2)
Subjects
- anticipatory bail
- arson
- procession
- loudspeaker act
- political victimisation
- bail conditions
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32263 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- BALIGAON District- Vaishali
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Md. Sanu @ Md. Ehtesham Akhtar son of Md. Rashid @ Md @ Nasim
Akhtar Resident of Vill -Rasalpur Kaba PS -Baligaon Dist -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 191(2), 191(3), 190, 323, 192, 132,
109, 351(2), 326 (b), 324 (5), 324 (6) of the B.N.S and under
Sections 3, 7, 9 of the Bihar Control and Consumption of
Loudspeakers Act.
3. As per prosecution case, on the alleged date of
occurrence, moharram procession was going on along with loud
D.J. music and the National Highway was blocked and
movement of traffic was obstructed, in the meantime, a
motorcycle rider hit the bus coming from Samastipur upon
which petitioner and other accused persons put the bus on fire
and assaulted the bus driver.
Patna High Court CR. MISC. No.32263 of 2026(2) dt.13-05-2026
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4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case due to village politics. No specific allegation is made
against the petitioner. The F.I.R. was lodged after a delay of two
days without any plausible explanation. It is further submitted
that similarly situated co-accused persons have already been
granted bail by a Coordinate Bench of this Court vide order
dated 08.04.2026 passed in Cr. Misc. No.18635 of 2026.
Petitioner has no criminal antecedent and he undertakes to
cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the fact
that similarly situated co-accused persons have already been
granted bail by a coordinate bench of this Court, and clean
antecedent of the petitioner, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner 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 learned J.M. 1 st, Vaishali at Hajipur in
connection with Baligoan P.S. Case No. 117 of 2025, subject to
Patna High Court CR. MISC. No.32263 of 2026(2) dt.13-05-2026
3/3
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Harish/-
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