Patna High Court

Md. MumtazversusThe State of Bihar

Decided: 2 February 2026
Disposal: DISPOSED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the first petitioner, subject to a cash bond, sureties and compliance with Section 482(2) of the BNS.

Summary

The petitioners, Md. Mumtaz and Md. Imran, were named in a complaint alleging robbery, assault with a knife and theft of a gold chain. The FIR was lodged two days after the alleged incident and the petitioners argued that no specific overt act was attributed to them. Petitioners sought anticipatory bail under several sections of the BNS, while the State opposed the relief. The court allowed the withdrawal of the second petitioner's bail application and, after considering the delay in filing the FIR and the lack of specific allegations against the first petitioner, granted anticipatory bail to the first petitioner subject to a cash bond and sureties, with conditions under Section 482(2) of the BNS. The order directs the petitioner to surrender within eight weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the delay in filing the FIR and the absence of specific allegations against him
Whether the allegations in the complaint constitute a ground to deny bail under the cited sections of the BNS

Legislation cited

BNS — s. 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352

Subjects

anticipatory bail
FIR delay
specific allegation
criminal complaint
BNS
Section 482(2)
cash bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3313 of 2026
                       Arising Out of PS. Case No.-120 Year-2025 Thana- Refinery District- Begusarai
               ======================================================
           1 . Md. Mumtaz S/o Md. Isamul R/o Village- Chakballi, Ward No 17, PS-

                 Refinary, District- Begusarai
           2.    Md. Imran @ Situ @ Sittu S/o Md. Mumtaz R/o vill - Chakballi, ward no.

                 17, P.S.- Refinery, Distt.- Begusarai

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s       :       Mr. Sandip Kumar Gautam , Advocate

                 For the Opposite Party/s :         Mr. Yogendra Kumar , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                          At the outset, learned counsel for the petitioners

                   seek permission to withdraw the pre-arrest bail petition of

                   petitioner No. 2.

                                 2. Permission is accorded.

                                 3 . This bail petition with respect to petitioner No. 2

                   is dismissed as withdrawn .

                                 4. Heard learned counsel for petitioner No. 1 and

                   learned A.P.P. for the State .

                                 5 . The petitioner apprehends arrest in a complaint

                   case punishable for the offence under Sections 126 ( 2 ), 115
Patna High Court CR. MISC. No.3313 of 2026(2) dt.02-02-2026
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          ( 2 ), 118 (1) , 303 ( 2 ), 351 ( 2 ) (3) , 117 ( 2 ), 352 and 3 (5) of

          BNS.

                    6. As per F.I.R. all the named accused persons including

          this petitioner came and committed maarpeet with informant

          and also snatched gold chain from him. It is further alleged that

          co-accused Md. Imran assaulted on the head of informant by

          means of knife .

                       7. It is submitted on behalf of petitioner that specific

          accusation of assault is against other co-accused persons. So far

          as this petitioner is concerned, no specific overt act is alleged

          against him. F.I.R. has been lodged after the delay of 2 days for

          which there is no plausible explanation . Rest of the allegations

          are ornamental in nature to make the case grave . Petitioner

          claims clean antecedent.

                         8 . Learned A.P.P. for the State opposed the prayer

          for anticipatory bail of petitioner.

                         9. However, considering the aforesaid facts and

          circumstances, let the above named petitioner No. 1 in the event

          of arrest/surrender within a period of eight weeks from today,

          be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate Begusarai in
            Patna High Court CR. MISC. No.3313 of 2026(2) dt.02-02-2026
                                                        3/3




                      connection with Refinery Case No. 120 of 2025, subject to

                      condition as laid down under Section 482 (2) of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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