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Patna High Court

Md. JakirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, granting bail to the petitioners subject to bond and surety conditions.

Summary

The petitioners, four residents of Rampatti village, were implicated in a case arising from an altercation at a Tazia fair on disputed land, where an informant alleged they assaulted him for video‑recording women. The petitioners contend they have clean antecedents (except two with a prior case) and argue the FIR is based on a general, omnibus allegation and is false. They sought anticipatory bail to avoid arrest, submitting that the informant’s claim is unsubstantiated and that the case does not warrant detention. The State opposed the bail, but the court considered the petitioners’ clean records, the vague nature of the allegations, and the provisions of Section 482(2) of the Bihar Criminal Procedure Code. The court granted anticipatory bail, imposing a bond of Rs.10,000 with two sureties for each petitioner, subject to conditions. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Criminal Procedure Code despite the FIR alleging offences under Sections 109, 191(2), 126(2), 115(2), 352 and 351(2) of the BNS, 2023.
  • Whether the FIR is based on a false or vague allegation that warrants denial of bail.

Subjects

  • anticipatory bail
  • Section 482
  • Bihar Criminal Procedure Code
  • false implication
  • FIR
  • assault
  • video recording
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85660 of 2025
                  Arising Out of PS. Case No.-237 Year-2025 Thana- SINGHESHWAR District- Madhepura
                 ======================================================
           1.     Md. Jakir S/o Md. Ghurar Mian @ Md. Ghuran Mian Resident of Village-
                  Rampatti, Ward No. 10, P.S.- Singheshwar, District-Madhepura.
           2.    Md. Almuddin S/o Late Md. Mohan Mian Resident of Village- Rampatti,
                 Ward No. 10, P.S.- Singheshwar, District-Madhepura.
           3.    Md. Makasud Alam S/o Late Imam Ali Resident of Village- Rampatti, Ward
                 No. 10, P.S.- Singheshwar, District- Madhepura.
           4.    Md. Subhan S/o Late Md. Yunush Resident of Village- Rampatti, Ward No.
                 10, P.S.- Singheshwar, District- Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :      Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 109,

                   191(2), 126(2), 115(2), 352 and 351(2) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner nos. 1 and 2 are persons with clean antecedent and

                   petitioner nos. 3 and 4 have antecedent of one case though

                   inadvertently at Para-3 it has been pleaded that petitioners are

                   persons with clean antecedent. It is next submitted that
Patna High Court CR. MISC. No.85660 of 2025(2) dt.02-02-2026
                                            2/3




          informant alleges that a Tazia fair was organized on a disputed

          land of Ramu Yadav and Suro, further he had gone to see the

          fair and was video recording the fair in his mobile, when

          petitioners along with 50-60 unknown accused abused and

          assaulted him on the pretext that he was videographing the

          women who had come in the fair.

                       4. 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

          allegation of abuse and assault is general and omnibus in nature.

          It is further submitted that had so many accused abused and

          assaulted the informant, in that event informant would not have

          been in a position to institute the instant FIR. It is next

          submitted that since informant was videographing the women,

          as such, an objection was raised and an altercation had taken

          place, but then a false case came to be instituted.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       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 trial court
            Patna High Court CR. MISC. No.85660 of 2025(2) dt.02-02-2026
                                                        3/3




                      within a period of six weeks from today, be released on

                      anticipatory bail on furnishing bail bonds 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

                      Singheshwar P.S. Case No. 237 of 2025 subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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