Patna High Court
Md. Shivani @ Md. Sehban AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the allegations were specific, serious and the petitioner was not entitled to such relief.
Summary
The petitioner, Md. Shivani, sought anticipatory bail after being named in an FIR for allegedly dashing a police constable with his motorcycle during a vehicle check, facing charges under Sections 279, 337, 338, 353, 307 and 427 of the IPC. The petitioner claimed innocence, clean antecedents and alleged false implication, while the State contended that the FIR specifically accused him of assaulting a police officer in the discharge of duty. The court examined the specificity of the accusation, the seriousness of the offences, and the risk of the petitioner absconding or tampering with evidence. Considering the direct nature of the allegations and the gravity of the charges, the court found no sufficient ground to grant anticipatory bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and the offences alleged.
Legislation cited
- Indian Penal Code — s. 279, 307, 337, 338, 353, 427
Subjects
- anticipatory bail
- IPC offences
- assault on police officer
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5488 of 2026
Arising Out of PS. Case No.-879 Year-2023 Thana- MADHEPURA District- Madhepura
======================================================
Md. Shivani @ Md. Sehban Alam S/O Md. Nasim Resident of village- Naya
Nagar, Ward no-1, P.S.- Barrahi O.P., District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sharda Nand Mishra, Advocate
Ms. Isha Mishra, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard Mr. Sharda Nand Mishra, learned counsel
appearing on behalf of the petitioner and Mr. Umeshanand
Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 279, 337,
338, 353, 307 and 427 of the Indian Penal Code.
3. As per prosecution case, it is alleged that during
vehicle checking, this petitioner, along with other co-accused
person, dashed the informant, who is a police constable, with his
motorcycle due to which he sustained injuries.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
Patna High Court CR. MISC. No.5488 of 2026(2) dt.19-02-2026
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this case with ulterior motive. Petitioner claims clean
antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that while the informant was
discharging his official duty, in the meantime, this petitioner,
who was riding a motorcycle, dashed the informant due to
which he sustained injuries.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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