Patna High Court

Anamul haque @ Enamul HaqueversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The court held that anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with bail conditions under Section 482 BNSS and Section 438(2) CrPC.

Summary

The petitioner, Anamul Haque, sought anticipatory bail fearing arrest in a case (Baniyapur PS Case No. 264 of 2025) filed under multiple sections of the Bharatiya Nyaya Sanhita alleging he abused and assaulted the informant's husband. The petitioner claimed innocence and a clean criminal record, while the State opposed bail. The court examined the seriousness of the allegations and the petitioner’s antecedent. It ordered that bail be granted on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.10,000 with two sureties, and that the lower court verify his criminal antecedent before accepting the bond. The bail is subject to the provisions of Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973.

Issues considered

Whether anticipatory bail should be granted under Section 438 CrPC in view of the offences alleged under the Bharatiya Nyaya Sanhita.
Whether the petitioner’s alleged clean criminal antecedent warrants the grant of bail.
Whether the seriousness of the charges justifies denial of anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 117(2), 118(1), 127(1), 190, 191(2), 191(3), 3(5), 351(2), 352, 76
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
Section 482
Section 438
criminal antecedent
assault
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88056 of 2025
                       Arising Out of PS. Case No.-264 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Anamul haque @ Enamul Haque Son of Late Mohammad Wakil Resident of
                 Tola Dargahi, Karah, P.S. - Baniyapur, Dist. - Saran.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Ms. Mili Kumari. Advocate
                 For the State           :        Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Baniyapur P.S. Case No. 264 of 2025 instituted under

                   Sections 191(2), 191(3), 190, 127(1), 115(2), 118(1), 117(2),

                   109, 103(1), 76, 351(2), 352 and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                3. As per the prosecution case, the petitioner is said

                   to have abused and assaulted the husband of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner has no criminal antecedent.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.

                                6. Though nineteen persons are named in the FIR but
           Patna High Court CR. MISC. No.88056 of 2025(2) dt.15-01-2026
                                                       2/2




                     five persons are said to have assaulted the deceased. The name

                     of the petitioner has come during investigation.

                                  7. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, in the event

                     of arrest or surrender before the Court below within six weeks

                     from today, the petitioner, above named, be released on bail

                     upon furnishing bail bonds of Rs.10,000/- (ten thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     learned Judicial Magistrate, 1st Class, Saran, Chapra in

                     connection with Baniyapur P.S. Case No. 264 of 2025, subject

                     to the conditions laid down in Section 482 of the BNSS/ 438(2)

                     of the Code of Criminal Procedure, 1973.

                                  8. At the time of accepting bail bonds of the

                     petitioner, the Court below will verify the criminal antecedent of

                     the petitioner. If it is found that the petitioner has criminal

                     antecedent, the Court below shall not accept the bail bonds of

                     the petitioner and if it is found that the petitioner has clean

                     antecedent, his bail bonds shall be accepted by the Court below.


                                                                      (Sandeep Kumar, J)

P. Kumar

U     T

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