Patna High Court

Md. Idul Fitar @ Idul FitarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner.

Summary

The petitioner, Md. Idul Fitar, sought anticipatory bail after being implicated in a case (PS Case No‑117 Year‑2025, Bela, Sitamarhi) for offences under several sections of the Bharatiya Nyaya Sanhita, allegedly for catching hold of an informant while other accused inflicted knife injuries. He contended that no overt act was attributed to him and that his inclusion as an accused was solely because he is the father of co‑accused Md. Babu, who is alleged to be the principal assailant. The State opposed the bail application, arguing the seriousness of the allegations. The Court noted the petitioner’s clean antecedent and the lack of any specific allegation of an overt act on his part. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs 10,000 with two sureties. The order also imposed the usual conditions for bail as prescribed by law.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the allegations under the Bharatiya Nyaya Sanhita
Whether the petitioner’s alleged involvement constitutes an overt act sufficient to deny bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(2), 126(2), 329(3), 329(4), 351(2), 351(3)(5)

Subjects

anticipatory bail
Section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
clean antecedent
father of co‑accused
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5614 of 2026
                        Arising Out of PS. Case No.-117 Year-2025 Thana- BELA District- Sitamarhi
                 ======================================================
                 Md. Idul Fitar @ Idul Fitar Son of Late Haji Rafique @ Md. Rafique Resident
                 of Village- Bara, P.S.- Bela, District- Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Mohammad Sufyan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(2),

                   117(2), 109(1), 329(3), 329(4), 351(2)/3(5) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per F.I.R., it is alleged that this petitioner caught

                   hold of the informant and other accused persons gave knife

                   blow as a result of which, informant sustained five lacerated

                   wounds.

                                4. Learned counsel for the petitioner submits that

                   there is no allegation of any overt act against petitioner and he

                   has been made accused in this case merely because he happens

                   to be father of co-accused Md. Babu, who is alleged to be the

                   main assailant of the informant. Petitioner claims clean
              Patna High Court CR. MISC. No.5614 of 2026(2) dt.04-02-2026
                                                          2/2




                        antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Sub-Divisional Judicial

                        Magistrate, Sadar, Sitarmarhi in connection with Bela P. S. Case

                        No. 117 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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