Patna High Court
Md. Daud AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, directing release upon furnishing bail bonds and sureties.
Summary
Four brothers from Belahriya, Gaya applied for anticipatory bail after being implicated in a case under multiple sections of the Arms Act. The informant alleged that on 2 July 2025 the accused assaulted her husband and others, causing injuries and stealing jewellery. The petitioners contended they were falsely implicated due to a neighbour dispute, that the injuries were simple, and that the FIR did not specify who assaulted the informant. The State opposed bail, but the Assistant Public Prosecutor concurred that the injuries were simple and the FIR was vague. Considering these submissions, the Court directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S., and allowed the application.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 482(2) of the B.N.S.S. in view of the allegations under the Arms Act.
- Whether the FIR discloses sufficient particulars to deny bail.
- Whether the nature of the injuries (simple or grievous) affects the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- Arms Act
- false implication
- injury assessment
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71861 of 2025
Arising Out of PS. Case No.-312 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Md. Daud Ali S/o Md. Akhtar Hussain @ Akhtar Ansari @ Md. Akhter
Ansari R/o Village - Belahriya, P.S - Tekari, District - Gaya (Bihar)
2. Md. Afzal Ansari @ Golden Ansari @ Afzal Ansari S/o Md. Akhtar Hussain
@ Akhtar Ansari @ Md. Akhter Ansari R/o Village - Belahriya, P.S - Tekari,
District - Gaya (Bihar)
3. Md. Suhail Ansari @ Md. Sushil Ansari S/o Md. Akhtar Hussain @ Akhtar
Ansari @ Md. Akhter Ansari R/o Village - Belahriya, P.S - Tekari, District -
Gaya (Bihar)
4. Md. Zanishar Ali @ Ladla @ Zanishar Ali S/o Md. Akhtar Hussain @
Akhtar Ansari @ Md. Akhter Ansari R/o Village - Belahriya, P.S - Tekari,
District - Gaya (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabia Gulnaz
For the Opposite Party/s : Mr.Rajendra Prasad Nat
Mr.Prakash Kumar
Mr.Md Reyaj
Mr.Md Tauqueer Azhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 18-04-2026 1. Heard learned counsel for the petitioners,
learned APP for the State and the learned counsel appearing
on behalf of the informant.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(1), 126(2), 115(2), 117(2), 118(1), 109(1), 74,
303(2), 351(2), 351(3), 3(5) of the B.N.S. and Section 27 of
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the Arms Act.
3. The learned counsel for the petitioners submits
that the petitioner nos.1 and 4 have antecedent of one case
and petitioner nos.2 and 3 are persons with clean antecedent
and the informant alleges that on 02.07.2025, eight named
accused persons including the petitioners came and Md.
Zanishar Ali (petitioner no.4) and Md. Daud Ali (petitioner
no.1) assaulted her husband by rod causing injury on head,
thereafter Md. Aadil and Tarique were assaulted by Suhail,
Afzal and Md. Daud by lathi in which iron was affixed
causing injury on their head, thereafter female accused
snatched her earring and chain and scattered the household
articles and accused fled firing.
4. The learned counsel for the petitioners submits
that petitioners have been falsely implicated in the instant
case by the informant. It is next submitted that petitioners
and the informant are neighbour and are having dispute
relating to passage. It is next submitted that injury suffered
by the husband of the informant has been opined to be
simple and injury of Aadil and Tarique has also been opined
to be simple, but then, one of the injuries suffered by the
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informant has been opined to be grievous but the same is on
non-vital part of the body. It is also submitted that FIR does
not disclose who assaulted the informant.
5. Learned A.P.P. as well as the learned counsel
appearing on behalf of the informant opposes the
anticipatory bail application, but the, learned A.P.P. after
perusing the case diary and injury report fairly submits that
the injury suffered by husband of the informant has been
opined to be simple, similarly injury of Aadil and Tarique is
also simple as recorded in the order impugned. The learned
counsel appearing on behalf of the informant is also not in a
position to rebut the said submission of the learned counsel
appearing on behalf 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 before the
learned Court below within a period of six weeks, are
directed to be released on anticipatory bail on their
furnishing bail-bonds in the sum 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
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case is pending/successor Court in connection with Tekari P.
S. Case No.312 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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