Created by Fuzzy Cloud

Patna High Court

Md. SarwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, subject to conditions, under Section 482(2) of the BNSS.

Summary

The petitioners, Md. Sarwar and Md. Manjar Alam, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Statutes, 2023, relating to alleged assault during a Tazia procession. They contended that the FIR contains a general and omnibus allegation of assault and that they have clean or minimal antecedents, asserting false implication by the informant. The State opposed the bail, citing the seriousness of the offences. The Court examined the nature of the allegations and, invoking Section 482(2) of the BNSS, held that anticipatory bail could be granted provided the petitioners surrender within six weeks and furnish bail bonds with sureties. Conditions were imposed, including the possibility of cancellation if the petitioners fail to cooperate with the investigation. The order directed the trial court to enforce the bail terms and to inform the police station.

Issues considered

  • Whether anticipatory bail can be granted in a case involving offences under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2) and 352 of the Bihar Negotiable Statutes, 2023.
  • Whether the FIR's general and omnibus allegation of assault is sufficient to deny anticipatory bail.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied for granting anticipatory bail.

Subjects

  • anticipatory bail
  • Section 482
  • general allegation
  • assault
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7402 of 2026

                       Arising Out of PS. Case No.-118 Year-2025 Thana- SAKRI District- Madhubani
                 ======================================================
           1.    Md. Sarwar S/O Md. Manjur @ Md. Manjar R/O Village- Mohan Badiyam,
                 P.S.- Sakari, District- Madhubani.
           2.    Md. Manjar Alam @ Md. Manjar S/O Md. Talim @ Mir Mohammad Talim
                 Ali@Md. Talim Marhum R/O Village- Mohan Badiyam, P.S.- Sakari,
                 District- Madhubani.


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


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anjani Parashar, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                   ORAL ORDER


3   30-04-2026                   1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   190, 126(2), 115(2), 118(1), 109, 303(2) and 352 of the BNS,

                   2023.

                                 3. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.7402 of 2026(3) dt.30-04-2026
                                            2/4




          petitioner no. 1 is a person with clean antecedent and petitioner

          no. 2 has antecedent of one case and the informant alleges that

          children of his family had joined Tazia procession when Md.

          Afsar assaulted his son Noor Alam by lathi on account of which

          a stampede occurred, but the matter was pacified, next alleges

          that on 07.07.2025 his children were sitting at the shop of his

          nephew and informant was coming back after having tea, when

          nine named accused persons including the petitioners came

          variously armed and assaulted his children, on intervention of

          police, the matter was pacified nine injured were brought to the

          hospital.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that on account of dispute

          which had arisen in Tazia procession, the occurrence is alleged

          to have taken place. It is further submitted that from perusal of

          the allegation as alleged in the FIR, it would manifest that the

          informant alleges that accused persons on 07.07.2025 came and

          assaulted his children causing injury to nine persons, but then

          allegation of assault is general and omnibus in nature, it is fairly

          submitted that three injured received grievous injuries while rest

          of the injured suffered simple injury and Sakri P.S. Case No. 119
Patna High Court CR. MISC. No.7402 of 2026(3) dt.30-04-2026
                                            3/4




          of 2025 has been instituted against the informant and his side

          from the side of the petitioners and the side of the petitioners

          also suffered injury on account of assault. It is next submitted

          that if privilege of anticipatory bail is granted, the petitioners

          will not abscond rather will cooperate in the investigation to

          prove their innocence.

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

          anticipatory bail application of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners and taking into consideration the fact

          that allegation of assault is general and omnibus in nature, 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. 25,000/-

          (Rupees Twenty Five 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

          Sakri P.S. Case No. 118 of 2025 subject to the conditions as laid

          down under Section 482 (2) of the BNSS.

                       7. However, it is made clear that in the event if the

          Investigating Officer of the case files an application before the

          learned Trial Court bringing to its notice that petitioners despite
            Patna High Court CR. MISC. No.7402 of 2026(3) dt.30-04-2026
                                                        4/4




                      giving assurance to this Court are not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioners.

                                   8. Let a copy of this order be sent to the concerned

                      police station through the learned Trial Court.

                                   9. Accordingly, the instant anticipatory bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

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.