Patna High Court
Md. RiazulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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