Patna High Court
Amjad GaddiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to petitioners 2 to 7, subject to bail bonds, sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.
Summary
The petitioners, a family of six members (including five women), feared arrest in a case registered under several sections of the Bihar Negotiable Substances Act (B.N.S.) relating to alleged assault on police and freeing an accused named Imam Gaddi. They contended they had clean antecedents and were falsely implicated, asserting that the specific allegation of freeing the accused pertained only to Amjad Gaddi, whose anticipatory bail application was withdrawn. The State opposed granting anticipatory bail to petitioners 2 to 7. The Court, considering the submissions and the involvement of female family members, ordered that the petitioners be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing bail bonds and sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S. Act. The order thus granted anticipatory bail with stipulated conditions.
Issues considered
- Whether petitioners 2 to 7 are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations under the B.N.S. Act.
- Whether the involvement of female petitioners warrants special consideration in granting bail.
Legislation cited
- Bihar Negotiable Substances Act — s. 115(2), 126(2), 132, 262, 3(5), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- women
- Criminal Procedure Code
- Bihar Negotiable Substances Act
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40552 of 2026
Arising Out of PS. Case No.-166 Year-2026 Thana- BAIRIYA District- West Champaran
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1. Amjad Gaddi Son of Dargahi Gaddi Resident of Village - Gajarwa Bazar, PS
- Bairiya, Distt. - West Champaran
2. Dargahi Gaddi Son of Late Saheb Gaddi Resident of Village - Gajarwa
Bazar, PS - Bairiya, Distt. - West Champaran
3. Robaida Khatoon @ Robaiya Khatoon Daughter of Dargahi Gaddi Resident
of Village - Gajarwa Bazar, PS - Bairiya, Distt. - West Champaran
4. Sobaida Khatoon Daughter of Dargahi Gaddi Resident of Village - Gajarwa
Bazar, PS - Bairiya, Distt. - West Champaran
5. Jubaida Khatoon Daughter of Dargahi Gaddi Resident of Village - Gajarwa
Bazar, PS - Bairiya, Distt. - West Champaran
6. Saifuliya Khatoon @ Saiful Nessa Wife of Dargahi Gaddi Resident of
Village - Gajarwa Bazar, PS - Bairiya, Distt. - West Champaran
7. Najuk Wife of Amjad Gaddi Resident of Village - Gajarwa Bazar, PS -
Bairiya, Distt. - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners, after some
argument, seeks permission to withdraw the anticipatory bail
application with respect to petitioner no. 1, namely, Amjad
Gaddi.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application with
Patna High Court CR. MISC. No.40552 of 2026(2) dt.02-07-2026
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respect to petitioner no. 1 is dismissed as withdrawn.
5. The petitioners no. 2 to 7 apprehend their arrest in a
case registered for the offences punishable under Sections
126(2), 115(2), 351(2), 352, 132, 262 and 3(5) of the BNS.
6. Learned counsel for the petitioners no. 2 to 7
submits that petitioners no. 2 to 7 are persons with clean
antecedent and petitioners no. 3 to 7 are women and the
informant alleges that the police force on 04.04.2026, at 10:30
p.m., went to arrest Imam Gaddi an accused in Case No. 643 of
2025. It is further alleged that an accused was apprehended who
disclosed his name as Imam Gaddi. It is next alleged that
thereafter accused persons including the petitioners no. 2 to 7
gathered and assualted the police force and Amjad Gaddi freed
Imam Gaddi and even tried to snatch the arms of the police
force.
7. Learned counsel for the petitioners no. 2 to 7
submits that petitioners no. 2 to 7 have been falsely implicated
in the instant case being related to Imam Gaddi. It is further
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that specific allegation of freeing Imam
Gaddi from the police custody is against Amjad Gaddi.
8. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.40552 of 2026(2) dt.02-07-2026
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anticipatory bail of the petitioners no. 2 to 7.
9. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners no. 2 to 7 and
taking into consideration the fact that female members have also
been implicated, let the petitioners no. 2 to 7, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/Successor Court in
connection with Bairiya P.S. Case No. 166 of 2026, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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