Patna High Court
Md. MuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions under Section 482 of the BNSS, 2023.
Summary
The petitioner, Md. Muddin, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging his involvement in the suicide of the informant's daughter. The FIR charges him under Sections 191(2), 190, 108, 352, 351(2) and 351(3) of the Bhartiya Nyay Sanhita, 2023. The petitioner’s counsel argued that the allegations are vague, that the death occurred at the informant’s house, and that there is no specific accusation against the petitioner, who has a clean record. The State opposed bail, emphasizing the seriousness of the alleged offences. The Court, considering the facts, granted anticipatory bail subject to a Rs.30,000 bond, verification of the petitioner’s criminal antecedent, and conditions for cancellation if concealment is discovered.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in the present case.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
- Whether the trial court must verify the petitioner’s criminal antecedent before bail is finalized.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Bhartiya Nyay Sanhita, 2023 — s. 108, 190, 191(2), 351(2), 351(3), 352
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- criminal miscellaneous
- suicide
- abuse of law
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4923 of 2026
Arising Out of PS. Case No.-155 Year-2025 Thana- FULKAHA District- Araria
======================================================
Md. Muddin S/o Birchu Mian Resident of village- Shivram Bishunpur,
Tulsipatti, ward No. 12, P.S.- Balua, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Fulkaha P.S. Case No. 155 of 2025, lodged
on 10.10.2025, under Sections 191(2)/190/108/ 352 /351(2) /
351(3) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
six named accused persons against whom there is an allegation
that they all instigated the daughter of the informant, which
resulted into her suicide and, thereafter, the present case has
been filed.
Patna High Court CR. MISC. No.4923 of 2026(2) dt.04-02-2026
2/3
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the informant and the son of the petitioner were in
love. They fled away from the house. Subsequently, upon
recovery Panchaity took place. During Panchaity, the denial
has been made by the petitioner and his son and others to follow
the Panchaity. It has been alleged by the informant that in result
the daughter of the informant committed suicide. Counsel
submits that by the mere allegation it is nowhere alleged
specifically against the petitioner that he has made any
comment. A general and omnibus allegation has come. Counsel
submits that admittedly the death has been caused at the house
of the informant and the case has been lodged by the informant
only to save his own skin. He submits that antecedent of the
petitioner is clean and he is a law abiding citizen.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that death has been caused at
the house of the informant.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the learned Court
below within a period of 4 weeks from today, on furnishing bail
Patna High Court CR. MISC. No.4923 of 2026(2) dt.04-02-2026
3/3
bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in
Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief
Judicial Magistrate, Araria, in connection with Fulkaha P.S.
Case No. 155 of 2025, subject to the conditions as laid down
U/s 482(2) of the BNSS, 2023.
7. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. 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.
(Dr. Anshuman, J)
Mkr./-
U T
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