Patna High Court
Md. Adil @ Md. Adil AlamversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
Since the allegations against petitioners No.1 and No.3 are vague, lack any specific overt act and they have clean antecedents, the court granted anticipatory bail subject to conditions.
Summary
The petitioners, Md. Adil, Md. Harun and Md. Safadar, sought anticipatory bail in connection with FIR No. 488 of 2025 alleging offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged a violent incident involving several accused, but the petitioners argued that the allegations against them were vague, omnibus and not linked to any specific overt act, and they have clean antecedents. The court allowed the withdrawal of anticipatory bail for Md. Harun and, finding the allegations against Md. Adil and Md. Safadar to be general and unsupported by specific evidence, granted them anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438 CrPC and Section 482 B.N.S. The order also imposed standard bail conditions such as appearance before the trial court and non‑tampering with witnesses.
Issues considered
- Whether anticipatory bail can be granted when the allegations against the accused are general, omnibus and lack a specific overt act.
- Whether the petitioners are entitled to bail under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita despite the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether the withdrawal of anticipatory bail for petitioner No.2 (Md. Harun) is permissible.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(4), 190, 191(2), 191(3), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 B.N.S.
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82980 of 2025
Arising Out of PS. Case No.-488 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
1. Md. Adil @ Md. Adil Alam S/o Md. Tufail R/o Vill- Bhalua, PS- Belaganj,
Dist- Gaya
2. Md. Harun S/o Jamaluddin @ Late Md. Jamaluddin R/o Vill- Bhalua, PS-
Belaganj, Dist- Gaya
3. Md. Safadar S/o Late Jamaluddin @ Late Md. Jamaluddin R/o Vill- Bhalua,
PS- Belaganj, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. At the outset, learned counsel for the petitioners
seek withdrawal of anticipatory bail with respect to Petitioner
No. 2, namely, Md. Harun.
3. In view of such submission, the anticipatory bail of
Petitioner No. 2 - Md. Harun is dismissed as withdrawn. Now,
the bail application of Petitioner No. 1 - Md. Adil & Petitioner
No. 3 - Md. Safadar is being considered.
4. The petitioners are apprehended their arrest in
connection with Belaganj P.S. Case No. 488 of 2025, F.I.R dated
17.08.2025 registered for the offences punishable under
Patna High Court CR. MISC. No.82980 of 2025(3) dt.11-02-2026
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Sections 191(2), 191(3), 190, 115(2), 117(4), 352, 351(2) &
109(1) of Bharatiya Nyaya Sanhita, 2023.
5. According to prosecution case, on 16.08.2025, the
informant gave a statement before the S.I. at A.N.M.C.H.,
alleging that Md. Gufran @ Bailoon, Md. Nazim, Md. Harun,
Md. Faiz and others, along with 10 to15 unknown persons
armed with sticks and rods, came to his house amid an ongoing
dispute. Md. Gufran allegedly ordered to kill anyone supporting
Md. Harhim. The accused allegedly assaulted the informant and
his family members when they intervened. Harun allegedly
snatched a licensed gun and fired. While fleeing, the informant
was surrounded and beaten; Md. Nazim allegedly struck his
head with a stick, causing serious injury, and Md. Faiz assaulted
Md. Alimuddin similarly.
6. Learned counsel for the petitioners submits that the
allegations are general and omnibus and there is nothing
specific against them, and injuries sustained is no way related to
have been caused by these two persons and they have clean
antecedents.
7. Learned APP for the State opposes the prayer for
anticipatory bail application.
8. Considering the fact that the petitioners allegations
Patna High Court CR. MISC. No.82980 of 2025(3) dt.11-02-2026
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are general and omnibus, there is no allegations of overt act,
which is said to have caused the injury in question. Accordingly,
this Court is inclined to grant the privilege of anticipatory bail to
the Petitioner No. 1 - Md. Adil & Petitioner No. 3 - Md. Safadar.
9. Let the Petitioner No. 1 - Md. Adil & Petitioner No.
3 - Md. Safadar, above named, in the event of his/her arrest or
surrender before the Court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Gaya in connection with Belaganj P.S. Case No. 488 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.82980 of 2025(3) dt.11-02-2026
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(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
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