Patna High Court
Jauhar Ali @ SampatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail may be granted under Section 482(2) of the B.N.S.S., 2023, given the circumstances of the case.
Summary
The petitioners, four residents of Gochhi Sheikh Toli, sought anticipatory bail after being implicated in a case (Kesaria P.S. Case No. 250 of 2025) under several sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.) for allegedly destroying an informant's house, attempting to outrage her modesty, assaulting her, and looting valuables worth Rs. 3 lakh. They contended that the FIR was lodged six days after the incident, that the injuries were minor, and that the allegations stemmed from a land dispute, asserting their innocence and lack of serious criminal antecedents (except one petitioner). The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts and submissions, granted anticipatory bail subject to a bond of Rs. 10,000 per petitioner, two sureties, and compliance with conditions under Section 482(2) of the B.N.S.S., 2023, provided the petitioners surrender within six weeks. The order emphasizes the Court's discretion to balance the rights of the accused with the interests of justice.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
- Whether the delay in filing the FIR and the nature of alleged injuries justify denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- land dispute
- FIR delay
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77348 of 2025
Arising Out of PS. Case No.-250 Year-2025 Thana- KESARIA District- East Champaran
======================================================
1. Jauhar Ali @ Sampat S/O Rasool Azad Resident of village- Gochhi Sheikh
Toli, P.S.- Kesaria, Dist.- East Champaran
2. Sabana Khatoon W/O Md. Tanwir Resident of village- Gochhi Sheikh Toli,
P.S.- Kesaria, Dist.- East Champaran
3. Taukir Mian @ Taukir Alam S/O Anwarool Haque @ Anvarul Haque
Resident of village- Gochhi Sheikh Toli, P.S.- Kesaria, Dist.- East
Champaran
4. Taufiq Alam S/O Anwarool Haque @ Anvarul Haque Resident of village-
Gochhi Sheikh Toli, P.S.- Kesaria, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Sharad Kumar, Advocate
For the State : Mr. Sanjay Kumar Singh, APP
For the Informant : Mr. Vijay Shankar Shrivastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Kesaria P.S. Case No. 250 of 2025, instituted under
Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the
B.N.S.
3. As per the prosecution case, on the date of
occurrence Petitioner Nos. 3 and 4 came along with tractor and
started destroying the house of informant. On protest, they tried
Patna High Court CR. MISC. No.77348 of 2025(3) dt.11-02-2026
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to outrage the modesty of informant. On hulla, brothers of the
informant came to save her, then F.I.R. named accused persons
including the petitioners assaulted him causing injury. The
accused persons also looted away the valuables worth Rs. 3 lacs
of the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case due to land dispute. F.I.R. has been lodged after delay of
six days. Both parties are neighbours. Injuries on the injured are
simple in nature which do not corroborate with the allegation
against the petitioners. Petitioner Nos. 1, 2 and 3 have no
criminal antecedents whereas Petitioner No. 4 has two criminal
antecedents in which he is on bail. Petitioners undertake to co-
operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners, above-named, be released on
bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.77348 of 2025(3) dt.11-02-2026
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of learned Judicial Magistrate 1st Class, Sadar, Motihari, East
Champaran in connection with Kesaria P.S. Case No. 250 of
2025, subject to the conditions laid down in Section 482 (2) of
the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
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