Patna High Court
Jasim Driver @ Md. JasinuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to conditions, under Section 438(2) of the CrPC.
Summary
The petitioner, Jasim Driver, was implicated in a large-scale disturbance at Sigori police station on 25-04-2021, where villagers allegedly attacked police, broke CCTV cameras, and set fire to police property, leading to an FIR naming 51 persons and 100 unknowns under numerous IPC and Arms Act provisions. He contended that he has a clean antecedent and that the FIR contains only a generic allegation against him without specific acts of assault. The prosecution opposed bail, arguing the seriousness of the offences and the risk of tampering with evidence. The court examined whether the general nature of the accusation sufficed to deny bail and considered the principles of Section 438(2) CrPC, noting that co‑accused had been granted anticipatory bail. It concluded that the petitioner is entitled to bail, subject to strict conditions including cooperation with the trial, presence in court, and no tampering with evidence. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC despite the serious nature of the offences alleged in the FIR.
- Whether the generic allegation against the petitioner in the FIR is sufficient to deny bail.
- Whether the grant of anticipatory bail to co‑accused influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 147, 149, 151, 152, 186, 188, 307, 323, 333, 337, 338, 353, 379, 427, 436, 504
Subjects
- bail
- anticipatory bail
- Section 438 CrPC
- public order offences
- FIR
- Patna High Court
- Indian Penal Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35133 of 2026
Arising Out of PS. Case No.-51 Year-2021 Thana- SIGAUDI District- Patna
======================================================
Jasim Driver @ Md. Jasinuddin Son of Late Md. Rahimmullh @ Rahimmullh
Resident of Village- Sigori, P.S.- Sigori, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sigori P.S. Case No. 51 of 2021 for the offences
punishable under Sections 147, 149, 151, 152, 186, 188, 323,
333, 337, 338, 379, 427, 436, 353, 307, 504 of the Indian Penal
Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that the
informant, who is happened to be the S.H.O. of Sigori police
station, Patna alleged that on 25-04-2021, in the evening, around
200 villagers of Sigori village came at the police station for
pressing the arrest of the accused of Sigori P.S. Case No. 50 of
2021 and they started breaking the main gate of Sigori police
station. Thereafter, with the help of police personnel they were
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tried to make understand but they started snatching the rifle of
one constable namely Pradeep Kumar and they also started
firing and pelting stones upon the police personnel in which
several police personnel got injured. Thereafter, the police
opened firing in the air for controlling the situation and they fled
away. It is lastly alleged that the petitioner and other named
accused in the F.I.R. also broken the CCTVs camera and set fire
in the several motorcycles belonging to police and other
employees of the police station. Therefore, F.I.R. has been
lodged against 51 named and 100 unknown persons on the basis
of the footage of CCTV cameras.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It is next submitted that as per the
allegation as alleged in the FIR, 50 named and as many as 100
unknown persons are said to have created disturbance in the
police station in the official discharge of their duties during the
process of the lodging protest. It is next submitted that it appears
from the FIR that petitioner is named in the FIR but there is no
specific allegation of assault or overt act against the petitioner
rather the allegation against the accused persons including the
petitioner is general and omnibus in nature. Learned counsel for
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the petitioner next submits that co-accused persons namely,
Bauaa @ Tarique Anwar has been granted anticipatory bail vide
order dated 01.12.2022 passed in Cr. Misc. No. 38444 of 2022,
Azhar @ Md. Azharuddin Alam, Mhfooz Alam @ Md. Mahfooz
Alam, Shahzad Alam @ Shahzad, Md. Shakir Eqbal @ Guddu
Alam and Arif Waqar @ Waqar Ansari hvae been granted
anticipatory bail vide order dated 30.05.2023 passed in Cr.
Misc. No. 17190 of 2023, Ahmad @ Md. Ahmad Ali Ansari has
been granted anticipatory bail vide order dated 13.12.2023
passed in Cr. Misc. No. 56474 of 2023, Md. Gulzar Alam @
Gulzar Ansari has been granted anticipatory bail vide order
dated 30.08.2024 passed in Cr. Misc. No. 16017 of 2024,
Danish @ Md. Danish Alam has been granted anticipatory bail
vide order dated 26.09.2025 passed in Cr. Misc. No. 42001 of
2025, Chand Mistry @ Md. Shabbir has been granted
anticipatory bail vide order dated 28.07.2025 passed in Cr.
Misc. No. 47265 of 2025 by different Coordinate Bench of this
Court.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest or
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surrender before the court below within a period of thirty days
from the date of receipt of the order, 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 the learned
Judicial Magistrate Ist Class,Danapur District-Patna/Concerned
Court in connection with Sigori P.S. Case No. 51 of 2021,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure and with other following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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