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Patna High Court

Amjad GaddiversusThe State of Bihar

Decided
Disposal
DISPOSED

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the specific allegation of freeing the accused pertained only to Amjad Gaddi, whose anticipatory bail application was withdrawn.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

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                     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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