Patna High Court
Md. Fahad RahmaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to all petitioners with conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, five residents of Akhtiyarpur, sought anticipatory bail fearing arrest in a case (Sarsi PS No. 170 of 2025) involving alleged assault on an informant and his family, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959. They contended that the FIR was fabricated, they have clean antecedents, and only two of them (petitioners 1 and 2) were specifically alleged to have assaulted, with injuries described as simple except one grievous injury not to a vital part. The State opposed the bail. The Court examined the nature of the injuries, the lack of specific allegations against petitioners 3‑5, and the petitioners’ clean records, and concluded that anticipatory bail was appropriate, subject to strict conditions under Section 438 of the CrPC and Section 482 of the BNSS. The bail order required a bond of Rs 10,000 with two sureties, cooperation with the trial, and provisions for cancellation if evidence was tampered with or antecedents concealed. The petition was disposed by granting anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged injuries and the lack of specific allegations against some petitioners justify bail.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 118(2), 126(2), 3(5), 351(2), 352, 482(2), 79
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- assault
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4372 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- SARSI District- Purnia
======================================================
1. Md. Fahad Rahmani Son of Awesh Rahmani @ Awesh Alam R/o Village -
Akhtiyarpur, P.S. - Sarsi, Dist. - Purnea.
2. Awesh Rahmani @ Awesh Alam Son of Late Haji Badruddin R/o Village -
Akhtiyarpur, P.S. - Sarsi, Dist. - Purnea.
3. Asad Alam @ Asad Rahmani Son of Awesh Rahmani @ Awesh Alam R/o
Village - Akhtiyarpur, P.S. - Sarsi, Dist. - Purnea.
4. Rijwan Alam Son of Late Md. Auas @ Rauf Alam R/o Village - Akhtiyarpur,
P.S. - Sarsi, Dist. - Purnea.
5. Nishar Alam Son of Juber Alam R/o Village - Akhtiyarpur, P.S. - Sarsi, Dist.
- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Rakesh Kumar Sharma, learned counsel
for the petitioners and Mr. Pawan Kumar Chaurasia, learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Sarsi P.S. Case No. 170 of 2025, F.I.R. dated
30.08.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 117(2), 118(2), 109(1), 79, 352,
351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section
27 of the Arms Act,1959.
Patna High Court CR. MISC. No.4372 of 2026(2) dt.06-02-2026
2/4
3. Allegation against the petitioners is that they along
with other co-accused persons assaulted the informant and his
family members with lathi and iron rod due to which they
sustained injuries.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. There is case and counter case between the parties. It
appears from the F.I.R. that due to some petty dispute the
present occurrence had taken place. Although the petitioners are
named in the F.I.R. but there is specific allegation of assault
upon the informant and his family members is against petitioner
no.1, namely, Md. Fahad Rahmani and petitioner no. 2, namely,
Awesh Rahmani @ Awesh Alam. Although they have received
injuries but the injury report of the informant namely Imtiyaz
Alam suggests that the injury is simple in nature and as per
injury report of Md. Arif is concerned, the doctor has found
injury is grievous in nature due to fracture in the middle finger
which is not on the vital part of the body.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.4372 of 2026(2) dt.06-02-2026
3/4
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the fact that the petitioners having clean
antecedents and there is no specific allegation of any assault or
overt act attributed against the petitioner nos. 3 to 5 and the
injury inflicted upon the injured persons are simple in nature
although one injury is grievous in nature but the same is not on
the vital part of the body, let the petitioners, above named, in
the event of their arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Purnea in connection with Sarsi P.S. Case No. 170
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure/ Section 482(2) of
BNSS, 2023 and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Patna High Court CR. MISC. No.4372 of 2026(2) dt.06-02-2026
4/4
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…