Patna High Court
Ajmudin @ Ajimuddin @ Md. AjmuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Ajmudin, sought anticipatory bail fearing arrest in a case (PS Dhaka Case No.303/2024) involving offences under multiple sections of the B.N.S. and Section ¾ of the Prevention of Damage to Public Property Act, 1984. He alleged that he was falsely implicated, as his name was not in the FIR but was added later during investigation, and that he was merely present at the scene out of curiosity. The incident arose from a protest after four labourers died from suffocation while opening a toilet, leading to mob violence, vandalism, and attacks on medical and emergency personnel. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., to be surrendered within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.
- Whether the petitioner’s alleged false implication warrants denial of bail
- Whether the nature of the offences and the surrounding public disorder justify refusal of anticipatory bail
Legislation cited
- B.N.S. — s. 109, 121(1), 121(2), 132, 190, 191(2), 191(3), 221, 324(4), 326(g), 329(3), 61(2)
- Prevention of Damage to Public Property Act, 1984 — s. ¾
Subjects
- anticipatory bail
- false implication
- public order offence
- Section 482
- Bihar criminal procedure
- prevention of damage to public property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70323 of 2025
Arising Out of PS. Case No.-303 Year-2024 Thana- DHAKA District- East Champaran
======================================================
Ajmudin @ Ajimuddin @ Md. Ajmuddin S/o Aainul Haque R/o Village-
Lahan Dhaka, Ward No. 20, P.S.- Dhaka, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Karandeep Kumar
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 329(3), 324(4), 326(g), 109, 132, 221, 121(1),
121(2) and 61(2) of the B.N.S. & Sections ¾ of Prevention of
Damage to Public Property Act, 1984.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case but then the said case was
also instituted with respect to the same offence for which the
instant FIR has been instituted. It is next submitted that
informant alleges that four labourers while opening the
centering of the toilet in the newly constructed house of
Mahabir died due to suffocation, on account of which their
Patna High Court CR. MISC. No.70323 of 2025(2) dt.09-01-2026
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family members and villagers became enraged when the victims
were brought to the hospital and blocked the traffic and
protested along with the dead bodies and also attacked the
doctors and vandalized the hospital and set the ambulance
parked in the hospital on fire and even attacked the police force
and the fire-brigade personnel who had reached the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner is not named in the
FIR and his name transpired during the course of investigation.
It is also submitted that since four persons died, as such
villagers were angry and a protest was made but then in every
protest some lumpen elements are present. It is further
submitted that petitioner resides nearby to the place of
occurrence as such out of inquisitiveness had come to the place
of occurrence to witness the occurrence when he came to be
implicated.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.70323 of 2025(2) dt.09-01-2026
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event of his arrest or surrender before the learned trial court
within a period of six weeks from today, 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 the learned trial court where the case
is pending/successor court in connection with Dhaka P.S. Case
No.303/2024, subject to the conditions as laid down under Section
482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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