Patna High Court
Md. SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to a bail bond of Rs 10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Md. Sonu and Md. Chotu, residents of the village where a disturbance occurred on 12 July 2025, were named among 45 accused in an FIR for assaulting police personnel during a peace‑keeping operation. They contended that the FIR contains only a generic allegation that they were seen near the scene and that no specific material links them to the offences listed under various sections of the Bharatiya Nyaya Sanhita. The State opposed the bail application. The High Court examined whether anticipatory bail could be granted despite the general nature of the accusations and applied its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding that the petitioners were likely falsely implicated and that no specific evidence was presented, the Court allowed anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions. The order also noted that similarly situated co‑accused had previously been granted anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains only general allegations without specific material against the petitioner
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the court to grant anticipatory bail in such circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 121, 126(2), 127(2), 132, 190, 191, 224, 292, 324(4)
Subjects
- anticipatory bail
- FIR
- false implication
- police assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8101 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
1. Md. Sonu S/o Md. Munna Alam R/o Village - Masjid Gali, P.S - Pakari
Barawan, District - Nawada
2. Md. Chotu S/o Md. Munna R/o Village - Pakribarawan Choti Talay, P.O -
Pakaribarawan, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Kamaluddin, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 190, 191, 109, 115(2),
117(2), 132, 121, 126(2), 127(2), 224, 292, 324(4) of the
Bharatiya Nyaya Sanhita.
3. The prosecution case, in short, is that on
12.07.2025, the informant received information that one
Farhana Parveen and her family members were constantly
assaulted by the neigbours. When the informant along with
other police personnel reached the place of occurrence to pacify
the matter then they were assaulted by the local people due to
Patna High Court CR. MISC. No.8101 of 2026(2) dt.11-02-2026
2/3
which some police personnel were injured and glass of the
police vehicle also got broken. It is further alleged that when
police arrested 21 accused persons and 2 juvenile then, on the
way, some women threw chilly powder on the police personnel.
Thereafter, the FIR has been registered against 45 accused
persons.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. It is further submitted that the FIR has been lodged
against 45 accused persons including these petitioners. There is
no specific allegation against these petitioners, rather, the
allegations levelled against them is general and omnibus. Save
and except the fact that petitioners were seen near the place of
occurrence, there is no material against them to connect them in
the present case. Learned counsel further submitted that
petitioners being the residents of same village where the
occurrence took place, were seen near the place of occurrence
due to which they have been falsely made accused in this case.
Similarly situated co-accused persons have already been granted
anticipatory bail by this Court vide order dated 01.11.2025
passed in Cr. Misc. No. 73016 of 2025.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.8101 of 2026(2) dt.11-02-2026
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the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
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) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate II, Nawada in connection with Pakribarawan P. S.
Case No. 275 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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