Patna High Court

Faiyaz QuraishiversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 438(2) CrPC and Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Faiyaz Quraishi, sought anticipatory bail fearing arrest in a case involving offences under Sections 147, 149, 341, 342, 323, 353, 435 and 308 of the Indian Penal Code, alleged to have arisen from a protest on NH‑1 and a vehicle arson. The prosecution’s case is based largely on CCTV footage linking the petitioner to the incident, while the petitioner contends he is innocent, has no specific allegation of an overt act against him, and has a clean antecedent. The learned counsel highlighted that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the relief. After considering the material, the Court granted anticipatory bail on the condition of a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC.
Whether the material on record, primarily CCTV footage, suffices to deny anticipatory bail.
Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, is applicable to the grant of anticipatory bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Code of Criminal Procedure — s. 438(2)
Indian Penal Code — s. 147, 149, 308, 323, 341, 342, 353, 435

Subjects

anticipatory bail
Section 438 CrPC
Section 482 BNS Act
Indian Penal Code
protest
vehicle arson
CCTV evidence
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80017 of 2025
                 Arising Out of PS. Case No.-907 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Faiyaz Quraishi S/O Islam Quraishi @ Islam Kuraisi R/O Village- Belauri
                 (Belaundi/Belaunri), P.S- Mohania, Distt.- Kaimur at Bhabua.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Parwej Khan
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 147, 149, 341, 342,

                   323, 353, 435 & 308 of the Indian Penal Code.

                                3. As per prosecution case, this petitioner along with

                   other accused persons named in the F.I.R. were protesting on

                   N.H. 1 and are also alleged to have set vehicle on fire.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation

                   is general and omnibus and no specific accusation of overt act

                   against this petitioner. Petitioners has been made accused in this

                   case merely on the basis of CCTV footage. Similarly situated

                   co-accused persons have been granted anticipatory bail by
             Patna High Court CR. MISC. No.80017 of 2025(2) dt.09-02-2026
                                                         2/2




                       coordinate Bench of this Court, vide order dated 10.07.2024 in

                       Cr.Misc. No. 39759 of 2024. Petitioner claims clean antecedent.

                                    5. Learned A.P.P. for the State opposed the prayer for

                       anticipatory bail.

                                    6. Considering the aforesaid facts and circumstances,

                       in the event of arrest/surrender within a period of eight weeks

                       from today, let the above named petitioner 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 learned

                       A.C.J.M., Kaimur at Bhabua, in connection with Mohaniya P.S.

                       Case No. 907 of 2023, subject to condition as laid down under

                       Section 438(2) of the Code of Criminal Procedure/Section 482

                       of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                             (Prabhat Kumar Singh, J)
anay/-

U        T

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