Created by Fuzzy Cloud

Patna High Court

Md. Daud AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 109(1), 115(2), 117(2), 118(1), 126(1), 126(2), 27, 303(2), 3(5), 351(2), 351(3), 74
  • B.N.S.S. — s. 482(2)

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
Patna High Court CR. MISC. No.71861 of 2025(3) dt.18-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.71861 of 2025(3) dt.18-04-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.71861 of 2025(3) dt.18-04-2026
                                                           4/4




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.