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Patna High Court

Md. Shaukat @ Md. SaukatversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused to grant anticipatory bail, holding that the seriousness of the allegation and the petitioner’s criminal antecedents preclude such relief.

Summary

Md. Shaukat applied for anticipatory bail fearing arrest in connection with PS case No.200 of 2025, where he is alleged to have fired a bullet at the mother of an informant, an offence punishable under Section 115(2) of the Indian Penal Code. The prosecution asserted the specific allegation, while the petitioner contended that he was falsely implicated due to a village dispute with the informant. The State opposed the bail, emphasizing the seriousness of the charge and the petitioner’s twelve prior criminal antecedents. The court examined the FIR, the impugned order and the case diary, and considered the gravity of the alleged offence and the petitioner’s history. Finding that the circumstances did not justify anticipatory bail, the court rejected the petition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 115(2) IPC in view of the specific allegation of firing at the informant's mother and his prior criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • Section 115(2) IPC
  • criminal antecedents
  • false implication
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82810 of 2025
                     Arising Out of PS. Case No.-200 Year-2025 Thana- CHHATAPUR District- Supaul
                 ======================================================
                 Md. Shaukat @ Md. Saukat Son of Late Tajmul @ Late Md. Tajmul @ Md.
                 Tajmul Haque @ Md. Tajamul Haqe Resident of Village- Kathara, Ward No.
                 11, P.S.- Chhatapur, District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

4   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Chhatapur P.S Case No. 200 of 2025 instituted

                   for the offence punishable under Sections 115(2) of the Indian

                   Penal Code.

                                3. As per prosecution case, it is alleged that petitioner

                   have fired bullet upon the mother of the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. Petitioner and

                   the informant are co-villager and there is village dispute

                   between the parties.
           Patna High Court CR. MISC. No.82810 of 2025(4) dt.23-02-2026
                                                       2/2




                                  5. Learned APP appearing for the State has opposed

                     the prayer for bail of the petitioner.

                                  6. From perusal of the F.I.R., impugned order and

                     case diary, it appears that there is specific allegation against the

                     petitioner to fired bullet upon the mother of the informant. Total

                     12 criminal antecedents against the petitioner in which several

                     offences are serious in nature.

                                  7. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, I am not

                     inclined to grant anticipatory bail to the petitioner.

                                  8. Accordingly, prayer for anticipatory bail of the

                     petitioner is hereby rejected.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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