Patna High Court
Md. LiyakatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to all three petitioners.
Summary
The petitioners, Md. Liyakat, Md. Altaf and Md. Niyaz, sought anticipatory bail after being implicated in a FIR alleging assault on an informant and his son, theft of Rs.5,000 and destruction of property worth Rs.8,000. They contended they were innocent, falsely implicated by co‑villagers, and had clean antecedents, with the third petitioner facing only vague, omnibus allegations. The State opposed the bail, arguing the seriousness of the offences under the Bhartiya Nyaya Sanhita, 2023. The Court examined the nature of the injuries, the lack of specific charges against the third petitioner, and the petitioners' clean records, and concluded that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail to all three petitioners, subject to a bail bond of Rs.10,000 and two sureties each, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR and the allegations against them
- Whether the nature of the allegations, especially the general accusation against petitioner No.3, warrants denial of bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2)
Subjects
- anticipatory bail
- criminal procedure
- false implication
- clean antecedents
- assault
- theft
- property damage
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83285 of 2025
Arising Out of PS. Case No.-244 Year-2025 Thana- KALYANPUR District- Samastipur
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1. Md. Liyakat S/O Md. Konain @ Takru @ Takharu Miya R/O Vil -
Parushottampur Ward No-05, Post-Purkhotimpur Janardhanpur, Police
Station-Kalyanpur, District-Samastipur.
2. Md. Altaf @Md. Altaf Raja @ Md. Guddu @ Guddu Son of Md. Sabir. R/O
Vil - Parushottampur Ward No-05, Post-Purkhotimpur Janardhanpur, Police
Station-Kalyanpur, District-Samastipur.
3. Md. Niyaz Son of Md. Chote R/O Vil - Parushottampur Ward No-05, Post-
Purkhotimpur Janardhanpur, Police Station-Kalyanpur, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Abhay Kumar, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 126(2), 303(2),
351(2), 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R., on 04.07.2025 at about 9:30 PM,
when the informant was closing his shop, in the meantime, all
the F.I.R. named accused persons, including these petitioners,
along with some unknown persons, variously armed, came and
on the instigation of co-accused Md. Tanweer, other co-accused
Patna High Court CR. MISC. No.83285 of 2025(2) dt.09-02-2026
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persons assaulted informant and his son. It is specifically
alleged that Petitioner Nos. 1 and 2 assaulted son of informant
with iron rod and butt of pistol. It is further alleged that accused
persons also snatched cash of Rs. 5,000/- from the shop and also
destroyed 100 bottles containing cold-drink and water worth Rs.
8,000/- from the shop.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
co-villagers and petitioners have falsely been implicated in this
case with ulterior motive. Doctor has found the injuries,
allegedly caused by Petitioner Nos. 1 and 2, simple in nature. So
far as Petitioner No. 3 is concerned, there is general and
omnibus allegations and no specific accusation of assault or any
other overt act has been alleged against him. Petitioners claim
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation against
Petitioner No. 3, nature of injuries allegedly caused by
Patna High Court CR. MISC. No.83285 of 2025(2) dt.09-02-2026
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Petitioner Nos. 1 and 2 and clean antecedents of the petitioners,
the prayer for grant of anticipatory bail to the petitioners is
allowed.
7. Accordingly, let the above named petitioners, in the
event of arrest/surrender 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 learned Chief Judicial
Magistrate, Samastipur in connection with Kalyanpur P.S. Case
No. 244 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashank/-
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