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Patna High Court

Md. Ahmad Raza @ AhmadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and the conditions of Section 438(2) CrPC.

Summary

The petitioner, Md. Ahmad Raza, was implicated in a criminal case (Bahera P.S. Case No. 237 of 2022) for offences under Sections 147, 341, 323, 308, 379, 354(B), 504 and 506 of the IPC. He alleged that the accusations were vague, that he was falsely implicated, and that no specific allegation was made against him. The petitioner sought anticipatory bail, citing that co‑accused in similar cases had been granted the same relief by a coordinate bench. The court examined the nature of the allegations and the petitioner’s claim of innocence, and noted the precedent of earlier anticipatory bail orders. Accordingly, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted in the absence of specific allegations against the petitioner.
  • Whether the petitioner’s claim of false implication and the precedent of similar cases justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • false implication
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7544 of 2026
                      Arising Out of PS. Case No.-237 Year-2022 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Md. Ahmad Raza @ Ahmad Son of Md. Barik Resident of Village-
                 Badarbanna, P.S.- Bahera, District- Darbhanga, (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinay Kumar Mishra
                 For the Opposite Party/s :       Mr.Shantanu Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   06-02-2026                        Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bahera P.S. Case No. 237 of 2022, registered for the

                   offences punishable under Sections 147, 341, 323, 308, 379,

                   354(B), 504 and 506 of IPC.

                                3. The allegation against the petitioner is that he along

                   with other co-accused persons assaulted the informant and her

                   family members with lathi, iron rod, etc.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated.

                   The allegations are general and omnibus. There is no specific

                   allegation against the petitioner. He is a person of clean
           Patna High Court CR. MISC. No.7544 of 2026(2) dt.06-02-2026
                                                       2/2




                     antecedent. He has also submitted that on exactly similar footing,

                     other co-accused persons have been granted anticipatory bail by a

                     coordinate Bench of this Court in Cr. Misc. Nos. 78617 of 2023

                     and 32143 of 2023.

                                  5. Considering the above-mentioned facts and

                     circumstances, let the petitioner, in the event of his arrest or

                     surrender within four weeks before the learned court below, be

                     released on anticipatory bail on furnishing bail bond of Rs.

                     10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Additional Chief Judicial

                     Magistrate-1st, Benipur, Darbhanga in connection with Bahera

                     P.S. Case No. 237 of 2022, subject to the conditions as laid

                     down under Section 438(2) Cr.P.C.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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