Patna High Court
Md. Rahat @ Sk. RustamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to stringent conditions.
Summary
The petitioners, Md. Rahat and Md. Sajan, sought anticipatory bail fearing arrest in a case (Bhawanipur P.S. Case No. 178 of 2025) involving multiple offences under the B.N.S. and the Arms Act. The prosecution alleged that petitioner No.1 fired at an informant and petitioner No.2 assaulted the informant, causing simple injuries. The petitioners contended they have a clean antecedent, the FIR is fabricated, and the dispute stems from a land issue. The court noted the petitioners' clean record and the minor nature of the injuries, and held that these factors justified anticipatory bail. Accordingly, the court ordered bail on furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure given the alleged offences.
- Whether the allegations in the FIR are false and the petitioners' clean antecedent warrant the grant of bail.
- Whether the court may impose conditions under Section 482(2) of the BNSS, 2023 while granting anticipatory bail.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 329(3), 329(4), 351(2), 352
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false allegations
- land dispute
- clean antecedent
- bail conditions
- Criminal Procedure Code
- Arms Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88254 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- BHAWANIPUR District- Purnia
======================================================
1. Md. Rahat @ Sk. Rustam S/o- Late Sukhbul Village- Latan Bari Ward No-
08 PS- Bhawanipur Dsitt- Purnea
2. Md. Sajan S/o- Md. Wosik Village- Latan Bari Ward No- 08 PS-
Bhawanipur Dsitt- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Bijendra Kumar Singh, learned counsel for
the petitioners and Mr. Nawal Kishore Prasad, learned APP for
the State.
2. The petitioners are apprehending their arrest in
connection with Bhawanipur P.S. Case No. 178 of 2025, F.I.R.
dated 12.07.2025 registered for the offences punishable under
Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 109,
329(3), 329(4), 303(2), 352, 351(2) of the B.N.S. and section 27
of the Arms Act.
3. As per prosecution case, it is alleged that the
petitioner no. 1 has made open firing upon the informant and
petitioner no. 2 has assaulted the informant by means of garasa
due to which informant got injured.
Patna High Court CR. MISC. No.88254 of 2025(2) dt.09-01-2026
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4. Learned counsel for the petitioners submit that the
petitioners have clean antecedent and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. There is admitted land dispute between the parties. But
the injury report of the informant which according to paragraph
29 of the case diary which suggests that: 1.“Swelling over
Frontal Region (2) Chest compassion (3) Pain abdomen.
Further doctor has found all injuries are simple in nature.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedent and the
injuries are found to be simple in nature, in the event of their
arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Purnea in
connection with Bhawanipur P.S. Case No. 178 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
Patna High Court CR. MISC. No.88254 of 2025(2) dt.09-01-2026
3/3
of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with
other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioners tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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