Patna High Court
Chhotu @ Md. MustafaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied and the applications were dismissed.
Summary
The petitioners, Chhotu @ Md. Mustafa and Noor Alam @ Md Nur Alam, sought anticipatory bail in two criminal miscellaneous cases (Nos. 44458 and 45111 of 2025) arising from PS Case No. 349 of 2024, where they were accused of forcing a victim to sell mixed petrol and diesel and, upon resistance, pouring petrol on the victim causing burn injuries. The prosecution supported the FIR allegations with an injury report. The Patna High Court, after hearing counsel, held that the seriousness of the allegations warranted denial of anticipatory bail. Consequently, both applications for anticipatory bail were dismissed, and the petitioners were ordered to surrender within four weeks and apply for regular bail, failing which the police would be directed to arrest them. The order was communicated to the Superintendent of Police, Kishanganj for compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 126(2), 115(2), 118(1), 118(2), 109(1) and 3(5) of the BNS in view of the seriousness of the allegations.
Legislation cited
- BNS — s. 109(1), 115(2), 118(1), 118(2), 126(2), 3(5)
Subjects
- anticipatory bail
- criminal law
- BNS
- serious allegations
- surrender
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44458 of 2025
Arising Out of PS. Case No.-349 Year-2024 Thana- KISHANGANJ District- Kishanganj
======================================================
Chhotu @ Md. Mustafa Son of Md Chand Hussain Resident of village -
Mohiuddin Pur, P.S. and District - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 45111 of 2025
Arising Out of PS. Case No.-349 Year-2024 Thana- KISHANGANJ District- Kishanganj
======================================================
Noor Alam @ Md Nur Alam son of Ahmad @ Ahmad Hussain village-
Mohiudin Pur, Ps and Dist- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 44458 of 2025)
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Navin Kumar Pandey
Mr. Jharkhandi Upadhyay
(In CRIMINAL MISCELLANEOUS No. 45111 of 2025)
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Anita Kumari
Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State in both the aforesaid cases.
2. The petitioner of both the aforesaid cases apprehend
their arrest in connection with Kishanganj P.S. Case No. 349 of
2024 registered for the offence under Section 126(2), 115(2),
118(1), 118(2), 109(1), 3(5) of the BNS.
Patna High Court CR. MISC. No.44458 of 2025(4) dt.21-01-2026
2/2
3. As per the prosecution case, the petitioners are
accused of forcing the victim to sell mix petrol and diesel and
when the victim opposed the same, they have poured petrol on
the victim which caused burn injuries on the victim.
4. The allegation made in the FIR are supported by
the injury report.
5. Considering the serious allegations levelled
against the petitioners, this Court is not inclined to grant
anticipatory bail to the petitioner of both the aforesaid cases.
6. Accordingly, both the aforesaid applications for
grant of anticipatory bail are dismissed.
7. The petitioner of both the aforesaid cases are
directed to surrender in the Court below within four weeks from
today and pray for regular bail failing which the Superintendent
of Police, Kishanganj will take all steps for arrest of the accused
person/s including the petitioner.
8. Let a copy of this order this order be
communicated to the Superintendent of Police, Kishanganj
through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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