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Patna High Court

Md. Abdul Karim @ Md. KarimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a Rs.5,000 deposit to the Chief Minister’s Relief Fund and a bail bond of Rs.10,000 with two sureties if arrested within eight weeks.

Summary

The petitioner, Md Abdul Karim, was named among 33 accused in an FIR alleging that during a Moharam procession with loud DJ music, a motorcycle collided with a bus, after which the petitioner and others set the bus on fire and assaulted the driver. He sought anticipatory bail, citing that a co-accused had already been granted such bail in a related case subject to a Rs.5,000 deposit to the Chief Minister’s Relief Fund. The High Court, after considering the submissions and the precedent, granted anticipatory bail on the condition that the petitioner also deposit Rs.5,000 in the same fund and, if arrested within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order also reiterated the requirement to submit the acknowledgment receipt before the trial court. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the provisions of the Bhartiya Nagrik Suraksha Sanhita, 2023 given the nature of the alleged offences.
  • Whether imposing a condition of depositing Rs.5,000 in the Chief Minister’s Relief Fund is a valid condition for anticipatory bail.
  • Whether the bail bond amount and surety requirements are appropriate under the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • public order offences
  • procession
  • arson
  • assault
  • traffic obstruction
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • Loudspeaker Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39631 of 2026
                      Arising Out of PS. Case No.-117 Year-2025 Thana- BALIGAON District- Vaishali
                 ======================================================
                 Md. Abdul Karim @ Md. Karim S/o Imam Miyana R/o Village -
                 Bahauddinpur, P.S. - Baligawan, District - Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-06-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the          offences            punishable             under           Sections

                   191(2)/191(3)/190/323/192/132/109/351(2)/326(b)/324(5)/324(

                   6) of the Bhartiya Nyaya Sanhita and Sections 3/7/9 of the Bihar

                   Control and Consumption of Loudspeakers Act, 1955.

                                3. The prosecution case, as per the First Information

                   Report lodged on 08.07.2025, is that the Moharam procession

                   was going on along with loud DJ music and the National Patna

                   Highway was blocked and movement of traffic was obstructed,

                   in the meanwhile, a motorcycle rider hit the bus coming from

                   Samastipur upon which the petitioner, along with other accused

                   persons, put the bus on fire and also assaulted the bus driver.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.39631 of 2026(2) dt.24-06-2026
                                            2/3




          petitioner, along with 32 other persons, have been named as

          accused in the FIR. He further submits that one of the co-

          accused, who was sitting on the motorcycle, has been granted

          anticipatory bail by a Co-ordinate Bench of this Court in Cr.

          Misc. No. 15314 of 2026, subject to the condition that the

          petitioner in the said case shall deposit a sum of Rs. 5,000/- in

          the Chief Minister’s Relief Fund. Petitioner claims clean

          antecedent.

                       5. Having regard to the submissions made on behalf

          of the parties and taking into consideration the fact that co-

          accused person has been granted anticipatory bail by a Co-

          ordinate Bench of this Court, I am inclined to grant the

          petitioner privilege of anticipatory bail subject to the condition

          that petitioner shall deposit a sum of Rs. 5,000/- in the Chief

          Minister’s Relief Fund through Demand Draft and the

          acknowledgment receipt be submitted before the learned trial

          Court at the time of furnishing bail bond.

                       6. This application is, accordingly, allowed.

                       7. Let the petitioner, above named, in the event of his

          arrest or surrender before the Court below within eight weeks,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
          Patna High Court CR. MISC. No.39631 of 2026(2) dt.24-06-2026
                                                      3/3




                    satisfaction of learned Chief Judicial Magistrate, Hajipur at

                    Vaishali, in connection with Baligaon Police Station Case No.

                    117 of 2025, subject to the condition laid down under Section

                    482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 and

                    further subject to the aforesaid conditions.



                                          (Prabhat Kumar Singh, J)
Navya/Sanjay

U     T


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