Patna High Court
Md. Masud @ Md. Masud AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, directing the petitioners to be released on bail with conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioners, nine individuals from Kasba, Purnea, were charged under multiple sections of the Indian Penal Code for allegedly demolishing a house, assaulting relatives, and looting cash on 18 April 2025. They applied for anticipatory bail, claiming they have clean antecedents and were falsely implicated by the informant, who was allegedly trying to seize their land. The informant’s case against them stems from a land dispute, and the petitioners have a counter‑case (Kasba PS Case No. 111 of 2025) against the informant. The State opposed the bail, but the court, after considering the submissions, granted anticipatory bail subject to conditions and a bail bond of Rs 10,000 with two sureties, invoking Section 482(2) of the Criminal Procedure Code. The application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite serious allegations of assault, house demolition, and robbery.
- Whether the petitioners are likely to tamper with evidence or influence witnesses, justifying denial of bail.
- Whether the allegations constitute false implication arising from a land dispute.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 190, 191(1), 191(2), 303(2), 351(2), 352, 74
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- false implication
- land dispute
- assault
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76308 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- KASBA District- Purnia
======================================================
1. Md. Masud @ Md. Masud Ali S/o- Md. Hashim R/v- Sara Bathana Ps-
kasba Dist- Purnea
2. Md. Tabreg@ Md. Tabrej S/o- Hasim R/v- Sara Bathana Ps- kasba Dist-
Purnea
3. Md. Kais Alam @ Chhotu @ Md Kais @ Md Chhotu S/o- Hasim R/v- Sara
Bathana Ps- kasba Dist- Purnea
4. Sahil @ Nanhe @ Md. Nanhe S/o- Hasim R/v- Sara Bathana Ps- kasba Dist-
Purnea
5. Firoz Alam @ Munna Khan @ Md. Munna S/o- Naimuddin R/v- Sara
Bathana Ps- kasba Dist- Purnea
6. Md. Atikur Rahman @ Atikur Rahman S/o- Late Md. Jamiluddin @
Jamiluddin R/v- Sara Bathana PS- kasba Dist- Purnea
7. Md. Kuddus Alam @ Md. Kuddus S/o- Naimuddin R/v- Sara Bathana Ps-
kasba Dist- Purnea
8. Rais Uddin @Md. RaisAlam @ Md Rais S/o- Jiyaur Rahman R/v- Sara
Bathana Ps- kasba Dist- Purnea
9. Md. Ajim @ Bhola S/o- Sheikh Alauddin R/v- Sara Bathana Ps- kasba Dist-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Singh
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 191(1), 191(2), 190, 115(2), 352, 351(2), 74, 303(2)
Patna High Court CR. MISC. No.76308 of 2025(2) dt.05-01-2026
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and 109 of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
informant alleges that on 18.04.2025 at 11.00 A.M., the
petitioners along with 20-25 unknown accused persons came
and started demolishing his house. On objection by his aunts,
accused Hashim gave orders to assault thereafter Md. Imran,
Naimuddin, Md. Kudus and Ashar assaulted his aunts and also
assaulted those who came to save them while Salam and Md.
Masood acted inappropriately with Sangita and also looted cash.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is also submitted that side of the informant
were trying to forcefully capture the land of the side of the
petitioners for which an altercation took place in which both
sides assaulted each other. It is next submitted that from side of
the petitioners, Kasba P. S. Case No. 111 of 2025 has been
instituted against the informant and their side. It is reiterated and
submitted that petitioners are not criminals.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.76308 of 2025(2) dt.05-01-2026
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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 case is pending/successor Court in connection with
Kasba P. S. Case No.110 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
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