Patna High Court
Saifullah @ Chhotu HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court granted anticipatory bail to the petitioners, directing their release on bail if arrested within four weeks, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners Saifullah, Laddu Mian and Shakib sought anticipatory bail in connection with a FIR (Case No. 420 of 2025) alleging their participation in a mob that set fire to NHAI property and assaulted police. They contended they were not present at the incident, were sleeping after dinner, and were identified solely by a local watchman, with no specific allegation against them. The State opposed the bail. The Court noted that the FIR named 250 persons, that several similarly situated co‑accused had already been granted anticipatory bail in other proceedings, and that the petitioners had clean antecedents. Relying on the lack of specific incriminating material and the precedent of granting bail to co‑accused, the Court exercised its inherent powers under Section 482(2) of the BNSS to direct their release on bail if arrested within four weeks, subject to a bond of Rs. 10,000 and two sureties. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the FIR and the circumstances of identification.
- Whether the petitioners have sufficient grounds to claim they were not involved in the alleged offences.
Legislation cited
- Bihar Negotiable Sale (BNS) — s. 109(1), 115(2), 117(2), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 285, 324(4), 326(b), 326(f), 333, 351(2), 352
- National Highway Act — s. 8(B)
Subjects
- anticipatory bail
- FIR
- identification by chaukidar
- mob violence
- arson
- National Highway Act
- Section 482
- high court inherent powers
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33792 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- KOTWA District- East Champaran
======================================================
1. Saifullah @ Chhotu Hussain S/o Jamaliddin Resident Of Village - Gadhwa
Khajuriya, P.S. - Kotwa, Dist. - East Champaran.
2. Laddu Mian @ Md. Inamudin S/o Md. Motiullah, Resident Of Village -
Gadhwa Khajuriya, P.s. - Kotwa, Dist. - East Champaran.
3. Shakib @ Shakib Majahar S/o Majharul Haque, Resident Of Village -
Gadhwa Khajuriya, P.s. - Kotwa, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pravin Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-05-2026 Heard the learned counsel for the petitioners and
learned A.P.P for the State.
2. The petitioners apprehend their arrest in
connection with Kotwa P.S. Case No. 420 of 2025,
registered for the offences punishable under Sections
191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 132,
121(1), 121(2), 285, 326(b), 333, 324(4), 326(f), 351(2),
352 of the BNS and Section 8 (B) of National Highway Act.
3. As per the prosecution story, it was alleged that
the petitioners along with 250 others indulged in arsoning of
NHAI and blocked the road, due to death of five persons. It
was alleged that when police personnel and administration
Patna High Court CR. MISC. No.33792 of 2026(2) dt.14-05-2026
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reached there, the mob started pelting stone and bricks, due
to which some police personnel received injuries. The
petitioner was identified by local chaukidar.
4. It is submitted by learned counsel for the
petitioners that petitioners have got no connection with the
occurrence in question and the FIR has been lodged against
43 named accused persons on the basis of identification of
chaukidar. It is submitted that petitioners were not present
on the spot at the time of occurrence, They were sleeping
after taking dinner. There is general and omnibus allegation
against the petitioners and there is no specific allegation
against any of the persons named in the FIR. It is further
submitted that similarly situated co-accused persons have
been granted anticipatory bail by different learned co-
ordinate Benches of this Court through Cr. Misc. No. 20518
of 2026 dated 08.04.2026, Cr. Misc. No. 24675 of 2026
dated 16.04.2026, Cr. Misc. No. 25337 of 2026 dated
22.04.2026 and Cr. Misc. No. 31321 of 2026 dated
07.05.2026 respectively. Petitioners claimed clean
antecedent.
Patna High Court CR. MISC. No.33792 of 2026(2) dt.14-05-2026
3/3
5. Learned A.P.P for the State has opposed the
prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as it appears that FIR has been lodged
against 250 named and unknown persons coupled with fact
that several similarly situated co-accused persons have
already been granted anticipatory bail, as mentioned
aforesaid, accordingly, all above named petitioners, in the
event of their arrest or surrender before the learned trial
Court, within a period of four weeks of the order, is directed
to be released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Sadar Motihari, East
Champaran/concerned Court, where the case is pending in
connection with Kotwa P.S. Case No. 420 of 2025, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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