Patna High Court
Md. Abulles @ Abulais @ AbullesversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that bail should be granted to the petitioners subject to a bond and sureties.
Summary
The petitioners, two brothers from Kajleta village, sought bail fearing arrest in a case (Jokihat P.S. Case No. 348 of 2025) alleging offences under Sections 126(2), 115(2), 109(1), 352, 351(3) and 3(5) of the B.N.S. The prosecution alleged that they, along with co‑accused, killed the informant’s son. The petitioners contended they were falsely implicated; one had a single prior criminal record while the other had none. The State opposed bail, but the court noted that the allegations were general and omnibus, and the petitioners’ antecedents were minimal. Accordingly, the court granted bail on condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the B.N.S., directing release within six weeks of arrest or surrender.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged and the presence of a prior criminal antecedent for one petitioner.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 3(5), 351(3), 352, 482(2)
Subjects
- bail
- criminal antecedent
- Section 482(2)
- B.N.S.
- serious offences
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4878 of 2026
Arising Out of PS. Case No.-348 Year-2025 Thana- JOKIHAT District- Araria
======================================================
1. Md. Abulles @ Abulais @ Abulles Son of Md. Afroz Resident of Village-
Kajleta, Ward No. 09, P.S.- Jokihat, District- Araria (Bihar)
2. Abukais @ Abu Qais @ Md. Abu Qais Son of Md. Afroz Resident of
Village- Kajleta, Ward No. 09, P.S.- Jokihat, District- Araria (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State
2. The petitioners apprehends their arrest in
connection with Jokihat P.S Case No. 348 of 2025 registered for
the offences punishable under Sections 126 (2), 115(2), 109(1),
352, 351(3), 3(5) of B.N.S.
3. As per the prosecution case, petitioners along with
co-accused have killed the son of the informant.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. It is next
submitted that petitioner no. 1 has got one criminal antecedent
as stated in para 3 of the bail petition and petitioner no. 2 has
got no criminal antecedent as stated in paragraph no. 3 of the
Patna High Court CR. MISC. No.4878 of 2026(2) dt.17-02-2026
2/2
bail petition.
5. Learned counsel for the State opposes the prayer
for bail of the petitioners.
6. From perusal of the F.I.R., impugned order and
materials available on record it appears that allegation against
the petitioners is general and omnibus in nature. Specific
allegation against the other accused person. Petitioner no. 1 has
got only one criminal antecedent and petitioner no. 2 has got no
criminal antecedent as stated in paragraph no. 3 of the bail
petition.
7. Considering the aforesaid facts and circumstances
of the case, submissions made on behalf of the petitioners, let
the above named petitioners be released on bail in the event of
their arrest or surrender before the trial court within a period of
six weeks from today on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of the like amount each to
the satisfaction of learned CJM, Araria in connection with
Jokihat P.S Case No. 348 of 2025 subject to the condition laid
down under Section 482(2) of B.N.S.S.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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