Patna High Court
Nazim Hussain @ Nazib HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
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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.
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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
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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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