Patna High Court
Md. NiyajudinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Since the petitioner is not named in the FIR and no material evidence connects him to the alleged crimes, the court is justified in granting anticipatory bail subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Md. Niyajudin, sought anticipatory bail fearing arrest in a case involving offences under several IPC sections, including murder, after a rape attempt and assault led to the victim's death. The prosecution alleged that co‑accused Mainuddin and a neighbour committed the crime, but the petitioner was not named in the FIR nor mentioned by any witness, and no charge‑sheet was filed against him. The petitioner filed an application under Section 319 Cr.P.C. for anticipatory bail, arguing lack of any incriminating material against him. The State opposed the bail, but the court noted the absence of any evidence linking the petitioner to the alleged offences. Consequently, the court granted anticipatory bail with a bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the BNSS, to be enlarged if arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR and no evidence links him to the alleged offences
- Whether the court may impose conditions under Section 482(2) of the BNSS while granting anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 319, 482
- Indian Penal Code — s. 302, 307, 323, 34, 341, 354, 448, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- Section 319
- FIR
- non‑named accused
- bail conditions
- criminal trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76777 of 2025
Arising Out of PS. Case No.-416 Year-2020 Thana- BHAGWAN BAZAR District- Saran
======================================================
Md. Niyajudin S/O Late Md. Islam R/O Ward No. 09, Daulatganj, Mirchaiya
Tola, P.S.- Bhagwan Bazar, Chapra, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 448, 341, 323, 354, 307,
504, 506/34 of the Indian Penal Code to which Section 302 IPC
was added later on.
3. Prosecution case, in brief, is that on 11.9.2020 at
about 9 AM, when informant was alone at her house, co-accused
Mainuddin and her neighbour entered the house of informant
and tried to commit rape with her. Upon objection, co-accused
Mainuddin brutally assaulted her as a result of which, she
succumbed to the injuries during course of treatment.
4. Learned counsel for the petitioner submits that
informant claims to be eye witness of the occurrence in the
F.I.R. Petitioner is not named in the F.I.R. nor any suspicion or
Patna High Court CR. MISC. No.76777 of 2025(2) dt.16-01-2026
2/2
whisper was raised against him. Informant has not alleged any
role or presence of this petitioner in the F.I.R.. Even during
investigation, none of the witnesses named this petitioner and
police after investigation has not submitted charge-sheet against
him. During trial, an application under Section 319 Cr.P.C. was
filed by the informant and thereafter, petitioner was summoned
for the trial.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering aforesaid facts and circumstances of
the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of District & Additional
Sessions Judge-V, Saran at Chapra in connection with Bhagwan
Bazar P. S. Case No. 416 of 2020, subject to condition as laid
down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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