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Patna High Court

Nazim Hussain @ Nazib HussainversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioners.

Summary

The petitioners, Nazim Hussain and Deepu Prasad, applied for anticipatory bail in a case where they were alleged to have caught an informant who was subsequently stabbed by others. The FIR charges them under several sections of the B.N.S., although the police investigation concluded with a final report exonerating them and another accused, Nikhil. The trial court, however, disregarded the police report and proceeded to take cognizance of the charges, prompting the petitioners to seek bail. The State and the informant opposed the bail, arguing that the petitioners facilitated the stabbing by apprehending the victim. The High Court examined whether the petitioners' alleged act of catching the informant amounted to participation in the offence and considered the weight of the police exoneration. Concluding that the petitioners could still be implicated as accessories, the Court declined to grant anticipatory bail. The application for anticipatory bail was therefore rejected.

Issues considered

  • Whether anticipatory bail can be granted when the police final report exonerates the accused but the trial court has taken cognizance of the FIR.
  • Whether the act of catching the informant makes the petitioners liable as accomplices to the stabbing.
  • Whether the evidence on record justifies denial of anticipatory bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 118(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

  • anticipatory bail
  • false implication
  • police exoneration
  • trial court cognizance
  • accomplice liability
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85938 of 2025
                        Arising Out of PS. Case No.-265 Year-2024 Thana- KHAIRA District- Saran
                 ======================================================
           1.     Nazim Hussain @ Nazib Hussain S/o Nazam Miyan R/o Village - Khaira,
                  P.S - Khaira, District - Saran
           2.    Deepu Prasad @ Dipu Kumar S/o Ramjee Prasad @ Ramji Prasad R/o
                 Village - Khaira, P.S - Khaira, District - Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Ravi Kant Singh S/o Ranjit Kumar Singh R/o Village - Mira Musehari, P.S -
                 Chhapra (Mufassil), District - Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Singh
                 For the Opposite Party/s :       Mr.Madhura Nand Jha- A.P.P.
                                                  Mr.Milind Raj Dixit
                                                  Mr.S.K.Chaubey
                                                  Mr.Punit Rajan Dixit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   24-04-2026                  1. Heard learned counsel for the petitioners,

                   learned APP for the State and the learned counsel appearing

                   on behalf of the informant.

                                2. The petitioners seek bail in anticipation of their

                   arrest in Khaira P. S. Case No.265 of 2024 registered for the

                   offences punishable under Sections 109, 303(2), 126(2),

                   115(2), 118(1), 118(2), 352, 351(2), 3(5) of the B.N.S.

                                3. The learned counsel for the petitioners submits

                   that the petitioners are persons with clean antecedent and in
Patna High Court CR. MISC. No.85938 of 2025(4) dt.24-04-2026
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          sum and substance the allegation is that petitioners caught

          the informant and Nikhil stabbed him. Further, Vinit

          stabbed the brother of informant namely Anuj.

                       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 allegations as alleged in the FIR, it would manifest

          that specific allegation of stabbing the informant is against

          Nikhil and Vinit is alleged to have assaulted Anuj but then

          as far as these petitioners are concerned, they are alleged to

          have caught the informant, hence allegation of stabbing is

          not against them. It is also submitted that police after

          investigation        submitted          final   form   exonerating   the

          petitioners and Nikhil of the allegations as alleged in the

          FIR, but then the learned Trial Court differing with the

          police report took cognizance based on which petitioners

          apprehend arrest. It is further submitted that when one

          investigating agency after investigating the case came to a

          considered conclusion that petitioners are innocent whether

          it would be prudent for the Court to send the petitioners to

          jail when they are not alleged to have stabbed the victim.
Patna High Court CR. MISC. No.85938 of 2025(4) dt.24-04-2026
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                       5. Learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant vehemently opposes

          the anticipatory bail application and submits that no doubt

          final form was submitted by the police in favour of the

          petitioners and Nikhil exonerating them of the allegations

          but then in the FIR, it is specifically alleged that informant

          and his brother Anuj were stabbed by Nikhil and Vinit. It is

          also submitted that injury suffered by the injured has been

          opined to be grievous in nature. It is next submitted that the

          learned Trail Court differing with the police report has taken

          cognizance. It is also submitted that though petitioners are

          not alleged to have stabbed the victim but then are alleged

          to have caught the victim on account of which it became

          easy for Nikhil and Vinit to commit the occurrence of

          stabbing. It is also submitted that it absolutely does not

          stand to reason that as to why the informant would have

          implicated someone who had not stabbed him and was not

          associated with the occurrence.

                       6. Considering the submissions made by the

          learned A.P.P. as well as the learned counsel appearing on

          behalf of the informant, the Court is not inclined to extend
               Patna High Court CR. MISC. No.85938 of 2025(4) dt.24-04-2026
                                                           4/4




                         the privilege of anticipatory bail to the petitioner.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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