Patna High Court
Md. Kurban @ Md. Kurban Ali @ Md. Qurban AliversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
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
- Bihar Negotiable Instruments Act — s. 109(1), 115(2), 117(2), 126(2), 127(2), 132, 190, 191(2), 303(2), 324(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…