Patna High Court
Saudagar @ Md. SaudagarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners subject to bail bond and surety conditions under Section 482(2) of the BNSS.
Summary
The petitioners, a group of villagers, feared arrest in connection with PS Biraul Case No. 238 of 2025, which alleged that a dispute during a Ludo game escalated into a mob attack involving 60‑65 persons with deadly weapons, resulting in injuries. The prosecution charged them under several sections of the BNS relating to rioting, unlawful assembly, and assault. The petitioners contended they were falsely implicated, had no specific allegations against them, and that one of them faced a separate 498(A) case, while the rest had no criminal record. They sought anticipatory bail, arguing lack of concrete evidence and willingness to cooperate with investigation. The State opposed the bail, but the court, considering the circumstances, granted anticipatory bail subject to a Rs.10,000 bond and two sureties per petitioner, under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS in view of the allegations under Sections 191(3), 190, 126(2), 115(2), 118(2), 117(2), 109, 352 and 351(2) of the BNS.
Legislation cited
Subjects
- anticipatory bail
- section 482
- public order offences
- Bihar criminal law
- rioting
- unlawful assembly
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78416 of 2025
Arising Out of PS. Case No.-238 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
1. Saudagar @ Md. Saudagar Late Md. Musafir @ Musafir Resident of Village
- Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
2. Lal Babu @ Md. Jasim Son of Md. Tej Ali @ Taj Resident of Village -
Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
3. Sadre Alam @ Md. Sadre Alam Son of Md. Gule Anar @ Gonar Resident of
Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
4. Sharfe Alam @ Md. Sharfe Alam @ Sarfe Alam Son of Md. Gule Anar @
Gonar Resident of Village - Akbarpur Bek, Police Station - Biraul, District -
Darbhanga.
5. Najre @ Md. Najre Alam Son of Gule Abbas @ Gule Abbas Resident of
Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
6. Jamal @ Md. Jamal Son of Late Md. Musafir @ Musafir Resident of Village
- Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
7. Bablu @ Md. Maum @ Masum @ Bablulu Son of Late Md. Musafir @
Musafir Resident of Village - Akbarpur Bek, Police Station - Biraul, District
- Darbhanga.
8. Tabrej @ Md. Tabrej Son of late Md. Musafir @ Musafir Resident of Village
- Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
9. Dilshad @ Md. Isrshad Alam Son of Late Kismat @ Kismat Resident of
Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
10. Firoz @ Md. Firoz Alam @ Firoj Son of Baddruddin @ Thakko @ Late
Badrul Resident of Village - Akbarpur Bek, Police Station - Biraul, District -
Darbhanga.
11. Mallu @ Md. Shahnawaz Son of Baddruddin @ Late Badrul @ Thakko
Resident of Village - Akbarpur Bek, Police Station - Biraul, District -
Darbhanga.
12. Aslam @ Md. Aslam Son of Md. Rafakat @ Rafakat Resident of Village -
Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
13. Chaman Son of Md. Aslam @ Bhulur Resident of Village - Akbarpur Bek,
Police Station - Biraul, District - Darbhanga.
14. Gulab @ Md. Gulab Son of Md. Alsam @ Bhulur Resident of Village -
Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
15. Aftab @ Aftab Alam @ Aaptab Son of Md. Kismat @ Kismat Resident of
Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
16. Md. Ali Son of Late Md. Kitabul @ Late Kitabul Resident of Village -
Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
17. Munna @ Shaukat Ali Son of Gulam Rasul Resident of Village - Akbarpur
Bek, Police Station - Biraul, District - Darbhanga.
18. Kanchan @ Md. Barkat Ali Son of Gulam Rasul Resident of Village -
Akbarpur Bek, Police Station - Biraul, District - Darbhanga.
Patna High Court CR. MISC. No.78416 of 2025(2) dt.05-01-2026
2/3
19. Sohrab @ Md. Sohrab @ Shorab @ Md. Shorab Son of Shamim @ Samim
Resident of Village - Akbarpur Bek, Police Station - Biraul, District -
Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Biraul P.S. Case No. 238 of 2025 instituted under Sections
191(3), 190, 126(2), 115(2), 118(2), 117(2), 109, 352 and 351(2)
of the BNS.
3. As per the prosecution case, on the date of
occurrence, the dispute arose between the parties while playing
Ludo near Anchal Office Biraul. It is alleged that 60-65 persons
including the petitioners with deadly weapons collected near
Masjid and started throwing bricks and stones causing injuries
to prosecution side.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that the there is case and counter case
Patna High Court CR. MISC. No.78416 of 2025(2) dt.05-01-2026
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between the parties. He submits that there is no specific
allegation against the petitioners. He further submits that
petitioner no.2 is an accused of one complaint case under
Section 498(A) of the I.P.C. and other petitioners have no
criminal antecedent and they undertake to cooperate in the trial
and investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned Chief Judicial Magistrate, Darbhanga in connection with
Biraul P.S. Case No. 238 of 2025, subject to the conditions laid
down in Section 482(2) of the BNSS.
(Sunil Dutta Mishra, J)
AjayMishra/-
U T
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