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Patna High Court

Habibur Rahman @ Md. Hasibur Rahman @ Hasibur RahmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to all five petitioners, subject to bond and surety conditions.

Summary

The petitioners, five individuals from Purnea district, were named in FIR No.145 of 2025 for alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, arising from a clash after a police vehicle collided with a tractor during which the accused allegedly assaulted police personnel. The petitioners contended that they were falsely implicated, that the allegations were vague and omnibus, and that they have no prior criminal record. The State opposed bail, asserting that at least two of the petitioners were positively identified in video footage. After hearing both sides, the Court noted the general nature of the accusations, the lack of antecedent, and the fact that many co‑accused had already been released on bail. Consequently, the Court ordered anticipatory bail for all five petitioners, subject to a bond of Rs.10,000 with two sureties each and a requirement to surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite identification in video footage and the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

  • Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 121(1), 121(2), 126(2), 127(2), 132, 190, 191(2), 191(3), 221, 226(F), 303(2), 324(4), 351(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • false implication
  • police assault
  • Bharatiya Nyaya Sanhita
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6657 of 2026
                         Arising Out of PS. Case No.-145 Year-2025 Thana- Mufassil District- Purnia
                 ======================================================
           1.     Habibur Rahman @ Md. Hasibur Rahman @ Hasibur Rahman S/o Md.
                  Hakim Resident of Village - Maharajapur Manjheli, PS- Muffasil, District-
                  Purnea
           2.    Saidur Rahman S/o Abdul Mokim @ Abdul Mujjamil R/o village - Nagdehi
                 Nayatola, P.S.- Muffasil, Distt.- Purnea
           3.    Md. Abbas @ Abbas Alam S/o Belal R/o village - Nagdehi, Manjheli, P.S.-
                 Muffasil, Distt.- Purnea
           4.    Rakesh Kumar @ Rakesh Mahto S/o Sonu Mahto @ Sonu Mahto R/o
                 village - Manjheli, P.S.- Muffasil, Distt.- Purnea
           5.    Md. Mokim @ Mokim S/o Late Abdul Khalik R/o village - Rampur Belwa
                 Nagdehi, P.S.- Muffasil, Distt.- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. N.K.Agrawal, Sr. Advocate
                                                    Mr. Bidhu Ranjan, Advocate
                 For the Opposite Party/s :         Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   29-04-2026                     1. Heard learned counsel for the parties.

                                   2. The petitioners in this application pray for bail

                   apprehending their arrest in connection with Muffasil P.S. Case

                   no.145 of 2025 registered for the offence punishable under

                   sections 190, 191(2), 191(3), 115(2), 118(1), 126(2), 127(2),

                   121(1), 121(2), 324(4), 109, 132, 221, 303(2), 351(2) and

                   226(F) of the Bharatiya Nyaya Sanhita, 2023.

                                    3. As per the prosecution case, the informant states

                   that as a result of an accident between a police vehicle and a
Patna High Court CR. MISC. No.6657 of 2026(5) dt.29-04-2026
                                            2/3




          tractor, the accused persons in large number gathered and they

          started to abuse, assault and throw bricks etc. on the police

          personnel. A number of police-men were injured in the

          occurrence. The informant takes the name of 18 accused persons

          including petitioner nos.3 and 4 as also 80-90 others as being

          involved in the occurrence.

                             4. Learned Senior counsel for the petitioners

          submits that the petitioners have been falsely implicated in the

          case. The allegations are general and omnibus in nature. A

          number of co-accused have been enlarged on bail vide orders

          brought on record as Annexure P/2 series. The petitioners have

          no criminal antecedent and undertake to cooperate in the

          investigation/trial.

                           5. The application for bail is opposed by learned

          A.P.P. for the State who submits that at least two petitioners are

          named in the occurrence and they have been identified in the

          video footage.

                         6. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioners

          in the FIR, the allegations being general and omnibus in nature,

          a number of co-accused having been enlarged on bail vide order

          brought on record as Annexure P/2 series and the petitioners not
            Patna High Court CR. MISC. No.6657 of 2026(5) dt.29-04-2026
                                                        3/3




                      having any criminal antecedent, it is directed that all the five

                      petitioners, above named, in the event of their arrest or

                      surrender before the learned Court below within a period of four

                      weeks, be released on anticipatory bail in connection with

                      Muffasil P.S. Case no.145 of 2025 on each of them furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Chief Judicial Magistrate, Purnea.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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