Patna High Court

Wakil MianversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court held that the petitioners are entitled to anticipatory bail as the FIR is vague and they have clean antecedents, subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioners, Wakil Mian and Md. Bablu, sought anticipatory bail fearing arrest in connection with a 2017 case (PS No.151) involving numerous IPC offences. They argued they have clean antecedents and that the FIR is vague, omnibus, and falsely implicates them for allegedly blocking a road and assaulting police. The State opposed the bail, contending the seriousness of the charges. The court examined the nature of the allegations and the petitioners' background, and concluded that the FIR lacks specificity, warranting bail. Consequently, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the CrPC, directing compliance with the trial court.

Issues considered

Whether the petitioners are entitled to anticipatory bail under the Criminal Procedure Code in view of the allegations in the FIR
Whether the FIR is sufficiently specific to deny bail
Whether the conditions imposed under Section 482(2) are adequate to safeguard the trial process

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 120, 143, 147, 148, 149, 188, 307, 323, 324, 325, 341, 353, 504, 506

Subjects

anticipatory bail
FIR
vague allegations
Indian Penal Code
Criminal Procedure Code
Section 482
Section 438
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71423 of 2025
                 Arising Out of PS. Case No.-151 Year-2017 Thana- MADHUBAN District- East Champaran
                 ======================================================
           1.     Wakil Mian S/O Late Gafoor Mian Resident of Village- Hariharpur, P.S-
                  Madhuban, Distt.- East Champaran.
           2.    Md. Bablu @ Md. Bablu Miya S/O Makbul Alam @ Makuli Resident of
                 Village- Hariharpur, P.S- Madhuban, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                                                 Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-02-2026                   1. Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Madhuban P.S. Case No. 151 of 2017 registered for the

                   offences punishable under Sections 188, 143, 147, 148, 149,

                   341, 323, 324, 325, 353, 307, 504, 506 and 120(B) of the Indian

                   Penal Code.

                                 3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that accused persons including the petitioners had

                   blocked the road and were protesting the accidental death of

                   Himanshu Kumar and they even assaulted the police force and
            Patna High Court CR. MISC. No.71423 of 2025(2) dt.11-02-2026
                                                        2/2




                      tried to snatch arms.

                                   4. Learned counsel for the petitioners submits that

                      petitioners have been falsely implicated in the present case, it is

                      next submitted that from perusal of the allegations as alleged in

                      the FIR, it would manifest that allegation is not specific rather is

                      general and omnibus in nature.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioners.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners, the petitioners above-named, in the

                      event of their arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Madhuban P.S. Case No. 151 of 2017 subject to

                      the conditions as laid down under Section 482 (2) of the BNSS.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…