Patna High Court
Md. Shaukat @ Md. SaukatversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
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
- Indian Penal Code — s. 115(2)
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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