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Patna High Court

Md. Mushtakim @ Md. MustaquimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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


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