Patna High Court
Md. Imtiyaz @ Md. Imtiyaz KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, Md. Imtiyaz and Md. Chand, sought anticipatory bail fearing arrest in a case alleging offences under multiple sections of the B.N.S., including assault and extortion. The prosecution alleged that on 27‑10‑2025 the petitioners, armed, demanded Rs.2,00,000 from an informant, assaulted him and others with weapons, causing injuries. The petitioners contended they were innocent, claiming the case was fabricated to conceal misappropriation of funds from a Madarsa they managed, and that the allegations were vague and the injuries minor. The State opposed the bail. The Court, noting the general and omnibus nature of the accusations and the modest injuries, granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S. and a bail bond. Consequently, the petition was disposed with the bail order.
Issues considered
- Whether anticipatory bail can be granted when the accusations are general and omnibus in nature
- Whether the alleged injuries and alleged offences justify denial of bail
Legislation cited
- B.N.S. — s. 109, 115, 117, 118, 126, 190, 191, 308, 324, 351, 352, 482
Subjects
- anticipatory bail
- general and omnibus accusation
- Section 482
- criminal procedure
- assault
- false case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5619 of 2026
Arising Out of PS. Case No.-601 Year-2025 Thana- JAMUI District- Jamui
======================================================
1. Md. Imtiyaz @ Md. Imtiyaz Khan S/o Late Md. Umar Khan @ Umar Khan
Resident of village- Mahisauri, PS- Jamui, Distt.- Jamui
2. Md. Chand @ Md. Firoj @ Md. Firoz Alam S/o Late Md. Umar Khan @
Umar Khan Resident of village- Mahisauri, PS- Jamui, Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Md. Rahmatullah, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 352, 351(2), 308(2), 118(1), 117(2),
109 and 324(4) of the B.N.S..
3. As per prosecution case, it is alleged that on
27.10.2025 at about 5 PM, all the F.I.R. named accused persns,
including these petitioners, variously armed, came and started
abusing informant and demanded Rangdari of Rs. 2,00,000/-
and also assaulted informant and others with iron rod, khanti
and butt of pistol as a result, informant and others sustained
Patna High Court CR. MISC. No.5619 of 2026(3) dt.20-02-2026
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multiple injuries.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
co-villagers and a Madarsa is run by the informant and others
by collecting funds from the villagers and when the petitioners
and others demanded the accounts of the Madarsa, only with a
view to hide the misappropriation of funds done by the
informant and others, this false and concocted case has been
lodged. Allegation of assault is general and omnibus and no
specific accusation of overt act has been alleged against these
petitioners. Doctor has found the injuries, allegedly caused by
these petitioners, simple in nature. Rest of the allegations are
ornamental in order to make the case grave.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and nature of
injuries allegedly caused by these petitioners, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.5619 of 2026(3) dt.20-02-2026
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a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Jamui in connection with Jamui P.S. Case No. 601
of 2025, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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