Patna High Court
Habibur Rahman @ Md. Hasibur Rahman @ Hasibur RahmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
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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
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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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