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Patna High Court

Md. Sanu @ Md. Ehtesham AkhtarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
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                     the conditions as laid down under Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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