Patna High Court
Md. MunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner, subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Munna, was named in an FIR alleging assault and related offences under several sections of the Bharatiya Nyaya Sanhita. He contended that he had not participated in the assault and that no specific overt act was attributed to him, asserting his innocence and clean antecedent. The State opposed his anticipatory bail application, arguing the seriousness of the accusations. The Court considered the nature of the allegations, the petitioner’s clean record, and the fact that a co‑accused had already been granted anticipatory bail. Accordingly, the Court granted anticipatory bail to the petitioner, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s clean antecedent and lack of specific allegation justify bail.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in imposing conditions on anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115, 117, 125(b), 190, 191(2), 191(3), 351(2), 352
Subjects
- anticipatory bail
- assault
- clean antecedent
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7730 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Md. Munna S/o Md. Jalil R/o Mohalla - Khajasarai, P.S - Laheriasarai,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 190, 191(2), 191(3), 115,
117, 109, 352, 351(2), 125(b) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., all the named accused persons were
selling wine and when informant objected, all of them assaulted
him and his family members by means of lathi, danda, dagger
etc.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
allegation of assault is against co-accused Md. Sitare and Jasim
and there is no allegation of any specific overt act against him.
Co-accused Md. Sitare has already been granted anticipatory
bail by this Court vide order dated 25.8.2025 passed in Cr. Misc.
Patna High Court CR. MISC. No.7730 of 2026(2) dt.11-02-2026
2/2
No. 56152 of 2025. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, 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 Chief Judicial Magistrate,
Darbhanga in connection with Laheriasarai P. S. Case No. 182
of 2025, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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