Patna High Court
Md. Zubair @ Md. Sharifullah Khan @ Md. ZurailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, granting bail subject to bond and surety conditions.
Summary
The petitioner, Md. Zubair, feared arrest in a 2013 case (PS No. 467) involving offences under several IPC sections for alleged assault. He contended that he is a different individual from the Md. Zubair named in the FIR, and that the police were seeking him after twelve years. The State opposed his request for anticipatory bail. The court examined the identity claim and the circumstances of the case, and, invoking its powers under Section 482(2) of the Criminal Procedure Code, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties. The order directed that if arrested or surrendered within four weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the State's opposition and the passage of time since the FIR.
- Whether the petitioner’s claim of mistaken identity is sufficient to justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 341
Subjects
- anticipatory bail
- mistaken identity
- IPC offences
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66959 of 2025
Arising Out of PS. Case No.-467 Year-2013 Thana- BIHAR District- Nalanda
======================================================
Md. Zubair @ Md. Sharifullah Khan @ Md. Zurail S/o Late Sahnawaz Khan
R/o - Mahal Par, P.S - Bihar, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bihar P.S. Case No. 467 of 2013 registered for offences under
Sections 341, 323,325, 307, 147, 148 and 149 of the Indian
Penal Code.
3. As per the prosecution case, all the accused
persons including the petitioner are accused of assaulting the
victim.
4. The learned counsel for the petitioner submits that
the petitioner is a different Md. Zubair than the Md. Zubair
whose name has been mentioned in the FIR and now the police
after 12 years is looking for the petitioner.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.66959 of 2025(5) dt.26-02-2026
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the prayer for bail.
6. Considering the facts and circumstances of the case
and the submissions of the parties, this application for
anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Bihar P.S. Case No. 467 of 2013 subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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