Patna High Court
Md. JakirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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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