Patna High Court
Chand @ KashidversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that, given the petitioner’s clean antecedent, the omnibus nature of the FIR, and the precedent of anticipatory bail granted to a co‑accused in a similar matter, the petitioner is entitled to anticipatory bail.
Summary
The petitioner, Chand @ Kashid, was implicated in a FIR (Chakia PS Case No. 604 of 2025) alleging that he, along with others, pasted posters on Hindu households, allegedly causing communal disturbance and invoking Sections 196 and 299 of the Bihar Non‑Applicable Statutes (BNS). He contended that his inclusion was merely because he resides in the locality and that the act of pasting posters, without any overt intent to incite disorder, does not satisfy the elements of the alleged offences. The State opposed bail, arguing that the petitioner had participated in creating communal disharmony. The Court noted that the FIR named five accused and 35‑40 unknown persons, that the petitioner has a clean antecedent, and that a co‑accused facing identical charges had been granted anticipatory bail in a related case. Accordingly, the Court ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail for alleged offences under Sections 196 and 299 of the BNS.
- Whether the act of pasting posters, absent overt intent to incite, constitutes an offence under the cited sections.
- Whether the petitioner’s clean antecedent and the grant of anticipatory bail to a co‑accused justify granting bail in this case.
Legislation cited
- Bihar Non-Applicable Statutes (BNS) — s. 196, 299, 482
Subjects
- anticipatory bail
- communal disturbance
- Section 196 BNS
- Section 299 BNS
- bail bond
- FIR
- communal harmony
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35600 of 2026
Arising Out of PS. Case No.-604 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Chand @ Kashid S/o Meraj Miya R/o Village- Kuawa, Ward no-10, P.S-
Chakia, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Adv.
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 01-06-2026 Heard learned Advocate for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner apprehends his arrest in connection
with Chakia P.S. Case No.604 of 2025 registered for the
offences punishable under Sections 196 and 299 of the BNS.
3. The allegation against the petitioner is that he,
along with other named and unknown persons, pasted posters on
the houses of members of the Hindu community, thereby
allegedly causing communal disturbance and public unrest.
4. The learned Advocate for the petitioner submitted
that only on account of the fact that the petitioner is the resident
of same locality, his name has been implicated in this case on
suspicion. It is further submitted that the allegation of pasting a
poster, in the absence of any overt act or intention to incite
Patna High Court CR. MISC. No.35600 of 2026(2) dt.01-06-2026
2/3
public disorder or disturb communal harmony, does not attract
the ingredients of the offences alleged against him. Moreover,
co-accused Md. Shahjad @ Shahjad Ansari, who is facing
similar allegation, has been extended the privilege of
anticipatory bail by a co-ordinate Bench of this Court in
Criminal Miscellaneous No. 31002 of 2026. The copy of the
said order is placed on record as Annexure-2 to the present
application. The petitioner is said to be a man of fair antecedent
and he undertakes that he will fully cooperate in the proceedings
of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
petitioner was found indulge in creating communal disharmony
and as such he does not deserve the privilege of anticipatory
bail.
6. Having considered the submissions advanced on
behalf of learned Advocates for the respective parties and taking
note of the fact that the present FIR has been instituted against
five named accused persons and 35 to 40 unknown persons with
omnibus allegation, coupled with the fact the petitioner bears
fair antecedent and one of the co-accused persons facing
identical allegation has been allowed the privilege of
Patna High Court CR. MISC. No.35600 of 2026(2) dt.01-06-2026
3/3
anticipatory bail, let the above named petitioner, be released on
bail, in the event of his arrest or surrender before the learned
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, East Champaran at Motihari in
connection with Chakia P.S. Case No.604 of 2025, subject to the
condition as laid down under Section 482(2) of the BNSS, with
further condition that one of the bailors shall be the own/close
family members of the petitioner.
(Harish Kumar, J)
rohit/-
U T
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