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Patna High Court

Md. Rashid @ Mohamad RasidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.38849 of 2026(2) dt.17-06-2026
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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
Patna High Court CR. MISC. No.38849 of 2026(2) dt.17-06-2026
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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.
              Patna High Court CR. MISC. No.38849 of 2026(2) dt.17-06-2026
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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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