Patna High Court
Masoom AnwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bihar National Security Act, 2023 — s. 109(1), 115(2), 117(2), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 2(1)(d), 285, 324(4), 326(b), 326(f), 333, 351(2), 352, 482(2)
- National Highways Act — s. 8(B)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.