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Patna High Court

Md. MunnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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