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Patna High Court

Masoom AnwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner on the condition of a bail bond and compliance with Section 482(2) of the BNSS, 2023.

Summary

Masoom Anwar petitioned for anticipatory bail after being named in FIR No.420 of 2025 for alleged obstruction of a National Highway and related offences. The FIR, lodged against 43 named and 250 unknown persons, identified the petitioner solely on the basis of a local chowkidar’s testimony, with no specific allegation against him. The State opposed bail, noting that co‑accused had been granted bail and that the petitioner has a pending criminal case. The Court observed that the allegations were general and omnibus, and that identification was not specific. Consequently, the Court granted anticipatory bail subject to a Rs.30,000 bond and conditions under Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains only general allegations and identification by a chowkidar.
  • Whether the petitioner’s pending criminal case and the bail granted to co‑accused affect his entitlement to anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • identification by chowkidar
  • general allegation
  • National Highway obstruction
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36065 of 2026
                    Arising Out of PS. Case No.-420 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Masoom Anwar S/o Reyaz Ahmad 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     :       None.
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Upon repeated calls, no one appears on behalf of

                   the petitioner. However, learned APP for the State is present.

                                3. The petitioner is apprehending arrest in connection

                   with Kotwa P.S. Case No.420 of 2025 lodged on 30.11.2025, 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) and 352 of the B.N.S., 2023 read

                   with section 8(B) of the National Highways Act.

                                4. As per the prosecution, FIR has been lodged against

                   43 named and 250 unknown accused persons including the

                   present petitioner with allegation that they had blocked the

                   National Highways due to death of five persons. It has been
Patna High Court CR. MISC. No.36065 of 2026(2) dt.01-06-2026
                                            2/3




          alleged that when Police team reached there, the mob started

          pelting stone due to which injury caused to the police personnel.

                       5. Upon bare perusal of the FIR, it transpires to this

          Court that the petitioner was identified by local chowkidar. It

          further transpires that the FIR has been lodged against 43

          accused persons on the identification of the chowkidar. It further

          transpires that there is general and omnibus allegation against

          the petitioner. It further transpires that there is no specific

          allegation against any of the person named in the FIR.

                       6. It further transpires that the criminal antecedent of

          the petitioner is not clean as there is one criminal case pending

          against him in which he is on bail. It further transpires that other

          co-accused persons have been granted bail vide orders dated

          08.04.2026, 16.04.2026, 22.04.2026 & 07.05.2026 passed in Cr.

          Misc. No.20518 of 2026, 24675 of 2026, 25337 of 2026 and

          31321 of 2026.

                       7. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that other co-accused persons

          have been granted bail by the Co-ordinate Bench of this Court.

                       8. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the
          Patna High Court CR. MISC. No.36065 of 2026(2) dt.01-06-2026
                                                      3/3




                    learned Court below within a period of 4 weeks from today, on

                    furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                    as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                    satisfaction of Judicial Magistrate, 1st Class, Motihari, East

                    Champaran, in connection with Kotwa P.S. Case No.420 of

                    2025, subject to the conditions as laid down U/s 482(2) of the

                    BNSS, 2023.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U


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