Created by Fuzzy Cloud

Patna High Court

Md. RiazulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Md. Riazul, applied for anticipatory bail anticipating arrest in a case alleging multiple offences under the B.N.S., including assault and use of a pistol. He claimed a clean antecedent and asserted that the informant had falsely implicated him, noting that no injury resulted from the alleged firing and no FIR was filed under the Arms Act. The State opposed the bail. The court examined the allegations, the petitioner’s claim of false implication, and the nature of the injuries, and considered the provisions of Section 482(2) of the B.N.S. It directed that the petitioner be released on bail upon furnishing bail bonds and sureties, subject to conditions, and allowed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious charges under the B.N.S.
  • Whether the petitioner has been falsely implicated and the allegations lack sufficient basis for denial of bail
  • Whether the conditions under Section 482(2) of the B.N.S. are satisfied

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 288, 329(4), 3(5), 351(2), 352, 482(2), 61(2), 74

Subjects

  • anticipatory bail
  • false implication
  • B.N.S. offences
  • Section 482(2)
  • criminal procedure
  • assault
  • firearm

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6292 of 2026
                        Arising Out of PS. Case No.-190 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Md. Riazul S/o Md. Israfil R/o Village - Nawtolia, Ward No.11, P.S - Lakho,
                 District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Braj Bhusan Poddar
                 For the Opposite Party/s :        Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 329(4), 126(2), 115(2), 74, 288, 109, 352, 351(2),

                   61(2), 3(5) of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that on 11.09.2025 at 7.00 A.M., nine accused

                   persons including the petitioner entered his house and assaulted

                   his family members including his mother and sister. Further,

                   petitioner assaulted his younger brother by butt of pistol causing

                   injury on head and also fired. It is next alleged that accused

                   persons in order to establish their dominance had planned to
Patna High Court CR. MISC. No.6292 of 2026(2) dt.30-04-2026
                                            2/3




          commit the occurrence with the help of other gang members.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that no doubt it is alleged that

          petitioner also fired but then no one was injured in the firing nor

          the FIR has been instituted under the Arms Act. It is further

          submitted that informant alleges that accused persons in order to

          establish their dominance had planned to commit the occurrence

          with the help of other gang members, but then petitioner is a

          person with clean antecedent and from the side of the petitioner

          also, Lakho P. S. Case No.191 of 2025 was instituted against the

          informant and his side. It is also submitted that even injury

          suffered by the injured has been opined to be simple in nature

          and the blow is not alleged to be repeated. It is reiterated and

          submitted that allegation of assaulting by butt of pistol stands

          falsified by the reason that FIR has not been instituted under the

          Arms Act.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below
               Patna High Court CR. MISC. No.6292 of 2026(2) dt.30-04-2026
                                                           3/3




                         within a period of six weeks, is directed to be released on bail

                         on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

                         Ten Thousand) with two sureties of the like amount each to the

                         satisfaction of the learned Trial Court where the case is

                         pending/successor Court in connection with Lakho P. S. Case

                         No.190 of 2025, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.