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Patna High Court

Md. Niyamat Ali @ Md. NiyamatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.

Summary

The petitioners, six residents of Akabarpur village, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. relating to offences such as unlawful assembly, rioting, and assault. They alleged that the FIR, based on an informant's account, falsely implicated them and did not specifically allege any assault by them, asserting they have clean antecedents. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the allegations, noting the lack of specific charges against the petitioners and the possibility of mutual assault during the procession. Considering the petitioners' claim of false implication and their willingness to surrender, the Court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S., requiring bail bonds and sureties. The application was allowed, directing the petitioners to be released on anticipatory bail if arrested within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR and alleged false implication.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 118(2), 126(2), 190, 191(3), 351(2), 352

Subjects

  • anticipatory bail
  • false implication
  • criminal procedure
  • B.N.S. sections
  • Section 482(2)
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85652 of 2025
                      Arising Out of PS. Case No.-239 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
           1.     Md. Niyamat Ali @ Md. Niyamat S/o- Late Ali Musa R/O Vill.- Akabarpur
                  Benk, P.S.- Biraul, Dist.- Darbhanga.
           2.    Md. Tanvir @ Tanbir Haque Ali @ Tanabirul Hauque S/O- Inamul Haque
                 R/O Vill.- Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga.
           3.    Md Musa Ali @ Masihullah S/O-Late Jiyaul Haque R/O Vill.- Akabarpur
                 Benk, P.S.- Biraul, Dist.- Darbhanga.
           4.    Md. Safi @ Md. Safiul Haque S/O-Md. Inamul Haque R/O Vill.- Akabarpur
                 Benk, P.S.- Biraul, Dist.- Darbhanga.
           5.    Md. Kaif @Md. Majhar S/O- Md.Sannaullah @ Saukat R/O Vill.-
                 Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga.
           6.    Md. Osama @ Md. MJahid @ Mojahir S/O- Md. Sannaullah Soukat R/O
                 Vill.- Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar
                 For the Opposite Party/s :       Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 191(3), 190, 126(2), 115(2), 118(2), 117(2), 109, 352,

                   351(2) of the B.N.S.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and the
Patna High Court CR. MISC. No.85652 of 2025(2) dt.02-02-2026
                                            2/3




          informant alleges that on 05.04.2025 at about 6.00 P.M., he

          along with others reached the village in a procession when the

          accused persons including the informant intercepted them and

          Md. Istiyak threatened with a pistol and gave orders to kill,

          thereafter Md. Istiyak assaulted Mister by farsa causing injury

          on nose and when informant tried to save Mister, when Masa Ali

          and Md. Tanvir caught his hand and dashed him on the ground,

          thereafter Sahbaz and Meraz by rod assaulted Amirullah and

          when members of the Muharram Committee came when Md.

          Safi, Md. Shaukat and Md. Niyamat started pelting stones and

          Md. Shamshad assaulted Md. Gulab causing internal injury.

          Further, Md. Imtiyaz and Md. Istiyak assaulted the informant by

          farsa causing injury on head and thereafter, Md. Istiyak fled

          firing along with other accused.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no

          specific allegation of assault is alleged against the petitioners. It

          is also submitted that in a procession which had come to the

          village, an altercation had taken place in which both sides

          assaulted each other and from the side of petitioners also Biraul
               Patna High Court CR. MISC. No.85652 of 2025(2) dt.02-02-2026
                                                           3/3




                         P. S. Case No.238 of 2025 came to be instituted against the

                         informant and his side. It is also submitted that petitioners are

                         not criminals.

                                      5. Learned A.P.P. opposes the anticipatory bail

                         application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioners, the petitioners, above-named, in the

                         event of their arrest or surrender before the learned Court below

                         within a period of six weeks, are directed to be released on

                         anticipatory bail on their furnishing bail-bonds in the sum of Rs.

                         10,000/- (Rupees Ten Thousand) each with two sureties of the

                         like amount each to the satisfaction of the learned Trial Court

                         where the case is pending/successor Court in connection with

                         Biraul P. S. Case No.239 of 2025, subject to the conditions laid

                         down under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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