Patna High Court
Md. Rashid @ Mohamad RasidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed anticipatory bail to the petitioner, subject to conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioner, Md. Rashid, sought anticipatory bail fearing arrest in a case arising from a mob attack on vehicles following a road accident, for which he was named among many alleged participants. He contended that he was not present at the scene, that his name was falsely implicated by enemies, and highlighted that a co-accused had previously been granted anticipatory bail. The State opposed the bail, asserting the petitioner’s involvement in assault and the mob. The Court examined the allegations, the lack of specific evidence of Rashid’s participation, and the principles governing anticipatory bail under Section 438 of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita. It granted anticipatory bail subject to stringent conditions, including bail bonds, sureties, personal appearance at trial, and provisions for cancellation upon misconduct or concealment of antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations.
- Whether the petitioner’s alleged involvement in the mob violence warrants denial of bail.
- Applicability of Section 482(2) of the Bharatiya Nyaya Sanhita in granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 324(4), 324(5), 351(2), 351(3), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- mob violence
- false accusation
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38849 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- DALSINGHSARAI District- Samastipur
======================================================
Md. Rashid @ Mohamad Rasid S/O Md. Jamil Akhtar R/O village -
Sardarganj , P.S. - Dalsingsarai . District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Dalsingsarai P.S. Case No. 14 of 2026 registered for the
offences under Sections 191(2), 191(3), 190, 126(2), 115(2),
109(1), 324(4), 324(5), 352, 351(2), 351(3) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, it is alleged that on
account of the death of an elderly person due to a road accident,
a violent mob indulged in vandalism and attacked the passing
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vehicles and in fact, injured one of the truck drivers.
4. Learned counsel for the petitioner submits that the
petitioner has been named along with thirteen other persons and
30 to 40 unknown persons to be involved in the said ruckus
without any specific allegation of any overt act. It has further
been submitted that the name of the petitioner has falsely been
given by his enemies and in fact, he was not even present at the
place of occurrence. It has next been submitted that a similarly
situated co-accused person, namely, Shubham Sah @ Subham
Kumar @ Shubham Sah, has been enlarged on anticipatory bail
by a learned Co-ordinate Bench of this Hon’ble Court in Cr.
Misc. No. 23223 of 2026 vide order dated 10.04.2026. It has
lastly been submitted that one criminal antecedent against the
petitioner arises from the same incident.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail and has stated that the petitioner
has indulged in assault and was part of a mob.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
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bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Dalsingsarai P.S. Case No. 14 of 2026, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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