Patna High Court
Md. Sonu Sah @ Sonu SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioners.
Summary
The petitioners sought anticipatory bail fearing arrest in a case registered under sections 223, 152, 196, 197 of the Bharatiya Nyaya Sanhita for allegedly waving a Palestine flag on the eve of Muharram, a sensitive religious occasion. The prosecution alleged that the act could disrupt public order. The High Court examined the materials and held that the allegations were not trivial and involved potential disturbance of public peace. Consequently, the Court declined to grant anticipatory bail and ordered the petitioners to surrender within two weeks to seek regular bail. Failure to do so would result in their arrest by the Superintendent of Police, Nawada.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of waving a flag during a sensitive religious occasion
- Whether the alleged act under sections 223, 152, 196, 197 of the Bharatiya Nyaya Sanhita justifies denial of anticipatory bail on public order grounds
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 152, 196, 197, 223
Subjects
- anticipatory bail
- public order
- religious sentiment
- flag waving
- Bharatiya Nyaya Sanhita
- sections 152
- sections 196
- sections 197
- sections 223
- Muharram
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65262 of 2025
Arising Out of PS. Case No.-724 Year-2025 Thana- NAWADA District- Nawada
======================================================
1. Md. Sonu Sah @ Sonu Sah S/o Late Jumrati Sah R/o Village - Chhoti
Dargah, P.S - Nawada, District - Nawada
2. Amir Sah S/o Md. Islam Sah R/o Village - Chhoti Dargah, P.S - Nawada,
District - Nawada
3. Md. Karu Bhat S/o Late Mazid Bhat R/o Village - Chhoti Dargah, P.S -
Nawada, District - Nawada
4. Belar Sah @ Bellar Ansari S/o Kamru uddin Sah R/o Village - Chhoti
Dargah, P.S - Nawada, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Mr. Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 17-01-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Nawada P.S. Case No. 724 of 2025 registered for offences under
Sections 223, 152, 196, 197 of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioners are
accused of waving the flag of Palestine on the eve of Muharram.
4. Perused the materials available on record. This
Court is of the opinion that the allegations against the petitioners
Patna High Court CR. MISC. No.65262 of 2025(4) dt.17-01-2026
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are not trivial in nature. The flag-waving incident was
conducted during a highly sensitive religious occasion,
Muharram, when any act capable of disrupting public order
could have serious repercussions.
5. Considering the aforesaid facts, this Court is not
inclined to grant the privilege of anticipatory bail to the
petitioners in the present case.
6. The application for anticipatory bail is, accordingly,
rejected.
7. The petitioners are directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
Nawada will take all steps for the arrest of the petitioners.
8. Let a copy of this order be communicated to the
Superintendent of Police, Nawada through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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