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Patna High Court

Md. Kurban @ Md. Kurban Ali @ Md. Qurban AliversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to Md. Azad subject to a bail bond, sureties and conditions of cooperation.

Summary

The petitioners sought anticipatory bail in a case involving alleged smuggling of fake Indian currency and a mob assault on S.S.B. personnel. Petitioners 1 and 3 withdrew their applications, leaving only Md. Azad (petitioner 2) to pursue relief. The prosecution alleged that a large mob, including the accused, assaulted officials, but there was no specific allegation linking Azad to the fake currency smuggling, only a general accusation of participation in the mob. The court noted that the injuries reported were simple and the allegations against Azad were omnibus in nature. Considering these facts, the court granted anticipatory bail to Azad, subject to a bail bond, sureties, and conditions of cooperation and potential cancellation for non‑cooperation.

Issues considered

  • Whether anticipatory bail should be granted to Md. Azad despite general and omnibus allegations of assault in the fake currency smuggling case

Legislation cited

Subjects

  • anticipatory bail
  • mob assault
  • fake currency smuggling
  • general allegations
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58542 of 2025
                   Arising Out of PS. Case No.-138 Year-2025 Thana- KISHANGANJ District- Kishanganj
                 ======================================================
           1.     Md. Kurban @ Md. Kurban Ali @ Md. Qurban Ali S/o- Shish Mohammad
                  Village- Kesojhara Ps- Arrabari Dist- Kishanganj
           2.    Md. Azad S/o- Fazlur Rahman Village- Kesojhara Ps- Arrabari Dist-
                 Kishanganj
           3.    Md. Ritto @ Hamidur @ Hamidur Rahaman S/o- Late Abdul Mannan @
                 Mannan R/o- Mohiuddinpur w.No-1, Ps- Kishanganj Dist- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mrityunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   21-01-2026                        Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                      2. Learned counsel for the petitioners, at the outset,

                   withdraws the anticipatory bail application on behalf of petitioner

                   nos. 1 and 3 as the same has become infructuous.

                                   3. The petitioner no. 2 apprehends his arrest in a case

                   registered under Sections 190, 191(2), 126(2), 127(2), 115(2), 117(2),

                   109(1), 132, 303(2) and 324(5) of B.N.S.

                                   4. As per the prosecution case, upon information of fake

                   Indian currency being smuggled, the S.S.B personnel chased co-

                   accused, Rabiul Islam and thereafter found him contacting other

                   accused persons and upon police trying to nab the accused persons a
Patna High Court CR. MISC. No.58542 of 2025(3) dt.21-01-2026
                                            2/3




          mob of hundred persons intercepted and even indulged in assault by

          means of rod, lathi and bricks etc.

                         5. Learned counsel for the petitioner submits that there

          are general and omnibus allegation of assault of causing obstruction

          and assault to S.S.B. personnel which is mob of more than 150

          persons and there is no specific allegation on petitioner no.2. It is

          further submitted that there is no allegation upon the petitioner no. 2

          being involved in any fake currency smuggling rather the same is

          specific against other co-accused persons. It has also been submitted

          that the very factum of his name specifically being given along with

          the parentage in a mob of 150 persons makes his involvement further

          suspicious. It has also been submitted that the injury reports, which

          would be evident from the case diary, also indicate that the injuries

          suffered by the informant and others are all simple in nature caused

          by hard and blunt substance.

                         6. The application for anticipatory bail is opposed by

          learned A. P.P. for the State.

                        7. Taking into consideration the facts and circumstances

          and also considering the fact that against this petitioner no.2 the

          allegation is not that of being involved in fake currency smuggling

          and the allegation being general and omnibus in nature of assault and

          coupled with the consideration of the nature of the injuries, let the

          petitioner no. 2 namely, Md. Azad, in the event of his arrest or

          surrender before the learned Court below within a period of four
             Patna High Court CR. MISC. No.58542 of 2025(3) dt.21-01-2026
                                                         3/3




                       weeks, be released on anticipatory bail in connection with

                       Kishanganj P.S. Case No. 138 of 2025 on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned Court below where the

                       case is pending subject to the condition laid down under Section

                       438(2) of the Code of Criminal Procedure/Section 482(2) of the

                       B.N.S.S, 2023, further subject to following condition (s):-

                                    (i)    One of the bailors would be close relative/family

                       members of the petitioner.

                                    (ii) The petitioner will cooperate in the investigation and

                       trial and in case of any act of non-cooperation, the prosecution would

                       be at liberty to move an application for cancellation of bail bonds of

                       the petitioner.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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