Patna High Court
Md. ShabbirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Md. Shabbir, filed an anticipatory bail application fearing arrest in a case registered under Sections 341, 323, 324, 325, 307 and 504/34 of the Indian Penal Code. He contended that he was not named in the FIR and that his alleged involvement was the result of a money dispute, asserting that he is merely a member of the mob and has a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court examined the facts, the lack of direct naming in the FIR, and the petitioner’s clean record. Considering the circumstances, the Court ordered that bail be granted on the condition of surrender within eight weeks, a bail bond of Rs.10,000 and two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. and Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the FIR not naming him.
- Whether the nature of the alleged offences warrants denial of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 325, 341, 504/34
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bhartiya Nagrik Suraksha Sanhita
- Indian Penal Code
- bail conditions
- money dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4278 of 2026
Arising Out of PS. Case No.-477 Year-2022 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Md. Shabbir S/o Md. Jahangir Ansari @ Md. Jahangir Resident of Mohalla -
Alafganj Shivdhara, P.S - L.N.M.U, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Iqbal Asif Niazi
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 341, 323, 324, 325,
307, 504/34 of the Indian Penal Code.
3. Petitioner is not named in the F.I.R. Name of the
petitioner transpired during investigation at the instance of some
persons, who were inimical to this petitioner. At best, petitioner
is only alleged to be member of the mob. In fact, the scuffle
took place between the parties over money dispute. Petitioner
claims clean antecedent.
4. Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.4278 of 2026(2) dt.11-02-2026
2/2
5. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Darbhanga in connection with Sadar
P.S. Case No. 477 of 2022, subject to condition as laid down
under Section 438(2) of the Cr.P.C. / Section 482 of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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