Patna High Court
Md. Kaith @ Md. KaifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Md. Kaith, sought anticipatory bail fearing arrest in a case alleging outraging the modesty of an informant's daughter and other offences under various sections of the B.N.S. He claimed innocence, asserting that the money‑transaction allegations pertained to co‑accused and were civil in nature, and that he had no prior criminal record. The State opposed the bail. The court noted a dispute over the money transaction, deeming it civil, and found no antecedent against the petitioner. Consequently, the court ordered anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order required surrender before the trial court within four weeks.
Issues considered
- Whether anticipatory bail should be granted despite allegations under Sections 316, 318, 115, 126, 76 and 3 of the B.N.S.
- Whether the dispute over money transaction, being civil, affects the grant of bail
- Whether the petitioner’s lack of criminal antecedent warrants anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- modesty offence
- civil dispute
- bail bond
- sureties
- Section 482
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88251 of 2025
Arising Out of PS. Case No.-939 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Md. Kaith @ Md. Kaif S/O Md. Munna Kalam Resident of village - Niyamat
tola ,Islamiya chauk ward no.- 18, Saharsa Sadar, P.S- Sonbarsa District -
Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rashmi Jha, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 316 (1), 318(4),
115(2), 126(2), 76, 3(5) of the B.N.S.
3. Allegation against the petitioner is of outraging the
modesty of the daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
instant case by the informant. From perusal of the FIR, it
appears that the allegation regarding transaction of money is
leveled against co-accused Sakila and Ruksana. There is general
and omnibus allegation against the petitioner. As per para 3 of
Patna High Court CR. MISC. No.88251 of 2025(2) dt.05-01-2026
2/2
the bail application, petitioner has no criminal antecedent.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, it appears that there is dispute
regarding money transaction, which is civil in nature, let
petitioner, above-named, in the event of his arrest or surrender
before the learned trial court within a period of four weeks from
today, be released on anticipatory bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case
No. 939 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
(S. B. Pd. Singh, J)
khushbu/-
U T
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