Patna High Court
Md. Zishan @ Md. Zeeshan Zubair @ Md. Zeeshan Khan @ Zeeshan ZibairversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that, being a student with no criminal antecedent and not present at the incident, the petitioner is entitled to anticipatory bail subject to specified conditions and a payment to the Chief Minister’s Relief Fund.
Summary
The petitioner, a student named Md. Zishan, was implicated in Roh P.S. Case No.286 of 2025 for alleged participation in brick‑batting that disturbed communal harmony, under sections 196(2), 191(2), 299 and 192 of the Bharatiya Nyaya Sanhita. He asserted that he was merely a passer‑by, had no criminal antecedent, and his father had applied to the Senior Superintendent of Police for a proper enquiry. The State opposed the relief, contending that the petitioner’s name also appeared in the FIR. The Patna High Court, noting his lack of prior record and the circumstances, granted anticipatory bail subject to a payment of Rs.2,000 to the Chief Minister’s Relief Fund and a bail bond of Rs.10,000 with two sureties. The order imposed conditions requiring his cooperation with the investigation, regular appearance before the trial court, and prohibition on tampering with evidence or committing further offences, with bail liable to cancellation on breach.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita given the allegations.
- Whether the petitioner’s lack of criminal antecedent and claim of non‑presence at the scene justify granting bail.
- What conditions, if any, should be imposed on the anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 191(2), 192, 196(2), 299
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
- student
- communal harmony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6535 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- ROH District- Nawada
======================================================
Md. Zishan @ Md. Zeeshan Zubair @ Md. Zeeshan Khan @ Zeeshan Zibair
Son of Md. Zubair @ Md. Zubair Khan Resident of Village- Gulzarbagh Roh,
Ward No. 07, P.S.- Roh, District- Nawada, State- Bihar- 805141
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
: Mr. Jitendra Kumar, Advocate
: Mr. Kuldeep Kumar, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard Mr. Ravish Mishra, learned counsel for
the petitioner duly assisted by Mr. Jitendra Kumar and Mr. Ram
Sevak Choudhary, learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Roh P.S. Case No. 286 of 2025 registered for
the offence under Sections 196(2), 191(2), 299 and 192 of the
Bharatiya Nyaya Sanhita, lodged on 29.08.2025 by the
informant, Umesh Prasad Singh.
3. As per the prosecution story, the informant who is a
Police Officer came to know that some brick batting is taking
place near a temple, reached there and found number of people
resorting to brick batting disturbing the communal harmony,
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some of them were apprehended while others managed to
escape. This led to the F.I.R..
4. Learned counsel for the petitioner submits that he
is a student, not present at the place of occurrence, has no
criminal antecedent but only because he was a passerby, got
implicated. His father has also given an application before the
Senior Superintendent of Police, Nawada for a proper enquiry in
the matter which is part of the record as Annexure-2. The
submission is that if granted relief and further such allegation
comes against him, the State shall be free to take steps for
cancellation of bail bond. Last submission is that without
accepting the allegation or outcome of the petition the petitioner
intends to pay Rs.2,000/- by Demand Draft issued by the local
branch of the State Bank of India/any Nationalized Bank to the
Chief Minister’s Relief Fund.
5. Learned APP opposes the prayer submitting that his
name has also cropped up in the case.
6. Considering the aforesaid submissions of the
parties as also that he is a student having no criminal antecedent,
in that background, this Court is inclined to extend him the
privilege of anticipatory bail subject to payment of Rs.2,000/-
by Demand Draft issued by the local branch of the State Bank of
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India/any Nationalized Bank to the Chief Minister’s Relief
Fund.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, First Class, Nawada,
in connection with Roh P.S. Case No. 286 of 2025 subject to the
following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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