Patna High Court
Md. Mushtakim @ Md. MustaquimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petitioners’ application for anticipatory bail, subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, Md. Mushtakim and his wife Hannaj Begam, feared arrest in a case (PS Case No.821/2025) where the FIR alleged that co‑accused Fayyaz Ahmad attempted to rape and assault an informant, and that the petitioners allegedly snatched jewellery and cash from the same informant. The petitioners contended they had no involvement in the assault or any overt act, asserting that the only allegation against them was the alleged theft, and they possessed clean antecedents. They applied for anticipatory bail under Section 482(2) of the B.N.S., while the State opposed the relief. The Court, after considering the general and omnibus nature of the accusations and the petitioners’ clean record, granted anticipatory bail, directing that if arrested within eight weeks they be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was subject to the conditions laid down under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. in view of the allegations against them
- Whether the allegations of theft without any assault or overt act justify denial of anticipatory bail
Legislation cited
- B.N.S. — s. 115(2), 126(2), 303(2), 333, 3(5), 352, 482(2), 75, 76
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- theft
- assault
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86070 of 2025
Arising Out of PS. Case No.-821 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
1. Md. Mushtakim @ Md. Mustaquim Son of Late Abdul Sattar Resident of
Village- Sahdullahpur, Malighat, Ward no 12, P S -Ahiyapur, District
-Muzaffarpur
2. Hannaj Begam wife of Md. Mushtakim @ Md. Mustaquim Resident of
Village- Sahdullahpur, Malighat, Ward no 12, P S -Ahiyapur, District
-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sanjay Kumar S.K., Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 333, 75,
303(2), 115(2), 76, 352, 126(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on
12.06.2025 at about 9:30 PM, co-accused Fayyaz Ahmad came,
started pulling the clothes of informant and attempted to rape
her and assaulted her. It is further alleged that in the meantime,
these petitioners came and snatched jewellery and cash from the
Patna High Court CR. MISC. No.86070 of 2025(2) dt.07-01-2026
2/3
informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assault and overt act is
against co-accused Fayyaz Ahmad. So far as these petitioners
are concerned, they are only alleged to have snatched jewellery
and cash from the informant, which are supper-addition and
there is absolutely no allegation of assault or any other overt act
against them. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Muzaffarpur
Patna High Court CR. MISC. No.86070 of 2025(2) dt.07-01-2026
3/3
in connection with Ahiyapur P.S. Case No. 821 of 2025, subject
to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…