Patna High Court

Md. Daud Rayin @ Md. Daud @ Daud RainversusThe State of Bihar

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

Holding

Anticipatory bail is granted to the petitioners under Section 482(2) of the B.N.S.

Summary

The petitioners, Md. Daud Rayin and Md. Sohel Alam, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for an alleged assault on an informant on 15.05.2025. The prosecution alleged that ten accused, including the petitioners, armed with iron rods, khanti and knives, assaulted the informant. The petitioners contended they were innocent, asserting that the accusation was general and omnibus, and highlighted their clean antecedents and close neighborly relationship with the informant. The State opposed the bail. Considering the vague nature of the charges, the relationship between the parties, and the petitioners' clean records, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail with a bond of Rs.10,000 and two sureties each, subject to Section 482(2) of the B.N.S.

Issues considered

Whether anticipatory bail should be granted in a case where the accusation is general and omnibus
Whether the petitioners' clean antecedents and relationship with the informant justify bail

Legislation cited

B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 329(4), 482(2)

Subjects

anticipatory bail
Section 482
general accusation
clean antecedents
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6114 of 2026

                      Arising Out of PS. Case No.-122 Year-2025 Thana- BIHPUR District- Bhagalpur
                 ======================================================
           1.    Md. Daud Rayin @ Md. Daud @ Daud Rain S/o Ibrahim Rayin @ Md.
                 Ibrahim R/o Village - Milki Mirmachak Ward No. 4, P.S - Bihpur, District -
                 Bhagalpur
           2.    Md. Sohel Alam @ Md. Sohel S/o Md. Daud Raiyin @ Md. Daud @ Daud
                 Rayin R/o Village - Milki Mirmachak Ward No. 4, P.S - Bihpur, District -
                 Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Sunil Kumar Singh, Advocate
                 For the State           :        Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                  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 190,

                   191(2), 115(2), 126(2), 117(2), 118(1), 109 and 329(4) of the

                   B.N.S..

                                3. As per prosecution case, on 15.05.2025, when the

                   informant was going to her home, in the meantime, all 10 F.I.R.

                   named accused persons, including these petitioners, armed with

                   iron rod, khanti and knife, assaulted her and fled away.
Patna High Court CR. MISC. No.6114 of 2026(2) dt.04-02-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Both parties are agnates and close

          door neighbors. As a matter of fact, on the alleged date and time

          of occurrence, dispute over path way led to an altercation in

          which all the named accused persons are alleged to have

          assaulted the informant. Allegation of assault is general and

          omnibus and no specific accusation of overt act has been alleged

          against these petitioners. Petitioners claim clean antecedents.

                       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, relationship

          between the parties and clean antecedents of the petitioners, the

          prayer for grant of anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          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 Judicial Magistrate Ist

          Class, Naugachia, Bhagalpur in connection with Bihpur P.S.
             Patna High Court CR. MISC. No.6114 of 2026(2) dt.04-02-2026
                                                         3/3




                       Case No. 122 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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