Patna High Court
MD. Abdulla @ Md. AbdulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) Bharatiya Nyaya Sanhita.
Summary
The petitioners, two brothers from Ghorghat, sought anticipatory bail fearing arrest in a FIR (Sultanganj PS Case No.226 of 2025) alleging offences under the Bharatiya Nyaya Sanhita, 2023, including forcible entry, assault with a lathi and causing injury to the informant’s wife and mother. They contended that the FIR was fabricated, the injuries were minor, and the case was a retaliatory move linked to another FIR filed by the petitioners’ sister. The State opposed the bail, arguing the seriousness of the alleged offences. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs 10,000 bond per petitioner, two sureties, and several conditions including personal presence in court and verification of criminal antecedents. The order was made under Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nyaya Sanhita, and it was clarified that any observations in the order would not affect the trial.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the allegations constitute a ground for denial of bail given the seriousness of the charges.
- Whether the petitioners’ claim of false implication and clean antecedents warrants the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351, 352, 482(2), 79
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNS
- false FIR
- assault
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8356 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
1. MD. Abdulla @ Md. Abdul, Son of Md. Abbas @ Md. Abbas Alam Resident
of Village - Ghorghat, P.S.- Sultanganj, District - Bhagalpur.
2. M. Sarfaraz @ Md. Sarfaraz Alam @ Md. Sarfaraj @ Md. Sarfaraj Alam,
Son of Md. Abbas @ Md. Abbas Alam Resident of Village - Ghorghat, P.S.-
Sultanganj, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
Mr. Chandan Kumar Verma, Advocate
Mr. prabhat Kumar, Advocate
Mr. Sikendra Yadav, Advocate
Mr. Ashutosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, Advcoate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Sultanganj P.S. Case No.226 of 2025 registered for the
offences under Sections 126(2), 115(2), 109, 351, 352, 79, 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioners is that they
forcibly entered the house of the informant and assaulted the
Patna High Court CR. MISC. No.8356 of 2026(2) dt.17-02-2026
2/4
wife of the informant with lathi. It is further alleged that the
accused persons brutally assaulted the informant's mother, upon
which she became unconscious.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case and no such
incident as alleged had occurred. It has further been submitted
that on a false and concocted story, the present FIR has been
lodged with general and omnibus allegations. It has next been
submitted that it would be evident that the allegations of offence
under Section 109 of the BNS are also not made out, as it would
appear from the injury report that the injuries were found to be
simple and not on the vital part of the body. It has also been
submitted that the present case is a counterblast of Sultanganj
P.S. Case No. 227 of 2025 lodged by the sister of petitioner
no.1. It has lastly been submitted that the petitioners have clean
antecedents.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.8356 of 2026(2) dt.17-02-2026
3/4
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Sultanganj P.S. Case No.226 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose
of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
Patna High Court CR. MISC. No.8356 of 2026(2) dt.17-02-2026
4/4
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.