Patna High Court
Md. SarwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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
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