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Patna High Court

Md. Rahat @ Sk. RustamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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