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Patna High Court

Md. Zubair @ Md. Sharifullah Khan @ Md. ZurailversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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