Patna High Court
Md.Adil @ Md. Nausarva Adil @ Md. NauserwaadilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to strict conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, three residents of Nihura village, sought anticipatory bail fearing arrest in a case (Janipur PS Case No. 41 of 2026) involving offences under sections 109(1), 115(2), 118(1), 126(2), 351(2), 352 read with section 3(5) of the Bihar Special (BNS) Act. The informant alleged that the petitioners assaulted a person named Kamrudin, causing head injury, which led to the FIR. The petitioners contended that the incident was a minor scuffle, that they have since reached an amicable settlement with the informant, and that they have no prior criminal record. The informant corroborated the settlement and the absence of animosity. Considering the settlement, lack of antecedent, and the petitioners' submissions, the Court granted anticipatory bail with conditions under Section 438(2) of the Criminal Procedure Code, requiring a bail bond, sureties, regular court appearances, police attendance, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the BNS Act.
- Whether the amicable settlement and lack of prior criminal record justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 438(2) CrPC are appropriate in the facts of the case.
Legislation cited
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- Bihar Special Act
- settlement
- no criminal antecedent
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35427 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- JANIPUR District- Patna
======================================================
1. Md.Adil @ Md. Nausarva Adil @ Md. Nauserwaadil Son of Md. Aman
@Syed Amarullah. R/O Village-Nihura P.S-Janipur, District-Patna
2. Md sayed Son of Md. Nasrullah @ Md.Bitani R/O Village-Nihura P.S-
Janipur, District-Patna
3. Md. Afridi Son of Md.Nasrullah @ Md.Bitani R/O Village-Nihura P.S-
Janipur, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Danish Raja, Adv.
For the Opposite Party/s : Mrs. Madhuri Lata, APP
For the informant : Ms. Sufia Riyaz Khan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard N.K. Aggrawal, learned Senior Counsel for the
petitioners and learned APP for the State as also Ms. Sufia Riyaz
Khan for the informant.
2. The petitioners apprehend their arrest in connection
with Janipur P.S. Case No. 41 of 2026 for the offence registered
under sections 109(1), 115(2), 118(1), 126(2), 351(2), 352 read with
Section 3(5) of the BNS.
3. As per the prosecution story, the informant alleged that
after the abuse, the accused person resorted to assault and the
allegation is that after trying to press the neck of Kamrudin, he was
assaulted which caused injury on the head. He was taken to the
hospital which followed the FIR.
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4. Learned Senior Counsel for the petitioners submit that a
minor scuffle took place between the parties which led to the present
case. Subsequently, they being of the same village, came to an
amicable settlement and are living happily. There has been good
relationship between both the informant and the petitioners. The last
submission is that they do not have criminal antecedent.
5. As recorded above, the informant is appearing in this
case and the lady has echoed the submission put forward by the
learned Senior Counsel inasmuch as they have come to an amicable
settlement after the alleged incident.
6. Taking into account the aforesaid submissions/
development as also that the petitioners do not have criminal
antecedent, in that background, this Court is inclined to grant them
the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned CJM/ concerned Bench, Patna
in connection with Janipur P.S. Case No. 41 of 2026 subject to
condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
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show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond by
the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark attendance
and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences, failing
which the State shall be at liberty to take steps for cancellation of the
bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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