Patna High Court

Muzaffar Hussain @ Md. Muzaffar HussainversusTHE STATE OF BIHAR

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to the petitioners, subject to surrender within six weeks and furnishing of bail bonds with sureties.

Summary

The petitioners, four residents of Kachna village, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar National Security Act, 2023, alleging they formed an unlawful assembly, created a ruckus, and assaulted police while demanding the release of a detainee. The petitioners contended that they were falsely implicated by an informant and that the FIR allegations were vague and omnibus. The State opposed the bail, arguing the seriousness of the offences. The Court examined the petitioners' antecedents, the nature of the allegations, and the statutory power under Section 482(2) of the Bihar National Security Act to prevent abuse of process. It held that anticipatory bail could be granted provided the petitioners surrender within six weeks and furnish bail bonds with sureties, subject to conditions. Consequently, the petitioners were released on anticipatory bail on the stipulated terms.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the Bihar National Security Act, 2023.
Whether the FIR allegations are sufficiently specific to justify denial of bail.
Whether the petitioners have been falsely implicated by the informant.

Subjects

anticipatory bail
unlawful assembly
false implication
police assault
Criminal Procedure Code
Bihar National Security Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85907 of 2025
                         Arising Out of PS. Case No.-59 Year-2025 Thana- Kachna District- Katihar
                 ======================================================
           1.     Muzaffar Hussain @ Md. Muzaffar Hussain S/O Ishaq Resident of Village-
                  Khijadari, P.S.- Kachna, District- Katihar
           2.    Aman Mahto @ Aman Kumar Mahto S/O Ram Avtar Mahto Resident of
                 Village- Kachna, P.S.- Kachna, District- Katihar
           3.    Satyadev Singh S/O Sukhnandan Singh Resident of Village- Kachna, P.S.-
                 Kachna, District- Katihar
           4.    Vijay Mahto @ Bijay Mahto S/O Santlal Mahto Resident of Village-
                 Kachna, P.S.- Kachna, District- Katihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Helal Ahmad
                 For the Opposite Party/s :        Mr. Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 191(2),

                   190, 132, 115(2), 109, 49, 54, 324(4), 352, 351(2) & (3) of the

                   B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of two cases, petitioner no.2 has

                   antecedent of one case and petitioner no.3 and 4 are persons

                   with clean antecedent and the informant alleges that accused
Patna High Court CR. MISC. No.85907 of 2025(2) dt.03-02-2026
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          persons came forming an unlawful assembly at the P.S and

          started creating ruckus and were demanding to release Sultan,

          who was in police custody and when informant tried to reason

          out, the accused persons assaulted the police personnel causing

          injury and even threw papers lying in the office of the

          informant.

                       4. Learned counsel 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 assault and creating

          ruckus is general and omnibus in nature.

                       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 Court below

          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 learned trial court where the

          case is pending/successor court in connection with Kachna P.S.

          Case No.59/2025, subject to the conditions as laid down under
             Patna High Court CR. MISC. No.85907 of 2025(2) dt.03-02-2026
                                                         3/3




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



                                                 (Satyavrat Verma, J)
amit/-

U        T

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