Patna High Court
Sabbir Hussain @ Sabir HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court is inclined to extend anticipatory bail to the petitioner.
Summary
The petitioner, Sabbir Hussain, sought anticipatory bail fearing arrest in a case (Awtar Nagar PS Case No.94 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, including sections 126(2), 115(2), 109, 118(1), 303(2), 352, 351(2), 351(3), 191(2) and 191(3). The prosecution alleged that a land‑dispute led to abuse and assault on several persons, resulting in injuries that were later described as simple. The petitioner argued that the FIR was omnibus, he had no criminal antecedent, and he was willing to appear diligently in the investigation and trial. The State opposed bail, emphasizing the seriousness of section 109 and other charges. The Court, noting the lack of specific role attributed to the petitioner, his clean record, and his undertaking, granted anticipatory bail subject to stringent conditions. The order directs that the petitioner be released on bail upon arrest or surrender within four weeks, upon furnishing a bond and sureties, and imposes conditions on appearance, non‑tampering with witnesses, and abstaining from further offences.
Issues considered
- Whether anticipatory bail should be granted in a case where the FIR contains omnibus allegations and the petitioner is charged with multiple offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 118, 126, 191, 303, 351, 352
Subjects
- anticipatory bail
- omnibus FIR
- Bharatiya Nyaya Sanhita
- multiple charges
- land dispute
- simple injuries
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74537 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- AWTARNAGAR District- Saran
======================================================
Sabbir Hussain @ Sabir Hussain S/o Late Safir Rahman @ Late Safir
Rahman Mian @ Pipal Mian Resident of Village- Mahuani, P.S.- Awtar
Nagar, Dist.- Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the State : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 Heard Mr. Ajay Kumar Tiwary, learned counsel
for the petitioner and Mr. Dr. Kumar Uday Pratap, learned APP
representing the State.
2. The petitioner is apprehending his arrest in
connection with Awtar Nagar P.S. Case No. 94 of 2025
registered for the offence under Sections 126(2), 115(2), 109,
118(1), 303(2), 352, 351(2), 351(3), 191(2) and 191(3) of the
Bharatiya Nyaya Sanhita, lodged on 08.04.2025 by the
informant, Imtiyaz Hussain.
3. As per the prosecution story, the informant alleged
that due to land dispute first the abuse and then the assault took
place. Allegation against all the accused person is of assaulting
number of persons on the side of the informant causing injuries,
Patna High Court CR. MISC. No.74537 of 2025(3) dt.20-02-2026
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they were shifted to the Dighwara Hospital. This led to the
F.I.R..
4. Learned counsel for the petitioner submits that a
perusal of the F.I.R. would show that the allegation has been
found to be omnibus in nature, this petitioner has no criminal
antecedent and further, the learned Sessions Judge order would
show that the injuries have been found to be simple in nature, if
granted relief he shall be diligently appearing in trial.
5. Learned APP opposes the prayer submitting that
section 109 of the B.N.S. amongst other is there against the
petitioner.
6. Allegation is there, it is omnibus in nature, no
specific role has been attributed to the petitioner, he do not have
criminal antecedent, injuries have been found to be simple in
nature and an undertaking has been given that he shall be
diligently appearing in trial, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, First Class, Chapra,
Patna High Court CR. MISC. No.74537 of 2025(3) dt.20-02-2026
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Saran, in connection with Awtar Nagar P.S. Case No. 94 of
2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
Patna High Court CR. MISC. No.74537 of 2025(3) dt.20-02-2026
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(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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