Patna High Court
Md. KausharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to stipulated conditions.
Summary
Petitioners Md. Kaushar and Md. Malik sought anticipatory bail fearing arrest in a case (Muffasil P.S. Case No. 145 of 2025) involving numerous offences under the B.N.S. The prosecution alleged they snatched police weapons, injured officers and disturbed public conveyance. The petitioners contended they have clean antecedents, were falsely implicated based on video footage, and that the FIR contains only general, omnibus allegations without specific charges against them. The State opposed the bail. Considering the lack of specific allegations and the petitioners' clean records, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, including bond, sureties, cooperation with trial, and non‑tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC
- Whether the allegations in the FIR are specific enough to deny bail
- Whether the petitioners' clean antecedent warrants bail
Legislation cited
- Bihar Negotiable Securities Act, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
- false implication
- bail conditions
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88327 of 2025
Arising Out of PS. Case No.-145 Year-2025 Thana- Mufassil District- Purnia
======================================================
1. Md. Kaushar Son of Md. Alauddin @ Alauddi R/o Village - Manjheli
Belawa, PS. - Muffasil, Dist. - Purnea.
2. Md. Malik @ Md. Malek Son of Jamruddin @ Md. Jammu R/o Village -
Balwa, PS. - Muffasil, Dist. - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Ajit Ranjan Kumar, learned counsel for the
petitioners and Ram Bilash Roy Raman, learned APP for the
State.
2. The petitioners are apprehending their arrest in
connection with Muffasil P.S. Case No. 145 of 2025, F.I.R.
dated 12.07.2025 registered for the offences punishable under
Sections 190, 191(2), 191(3), 115(2), 118(1), 126(2), 127(2),
121(1), 121(2), 324(4), 109, 132, 221, 303(2), 351(2), 226(F) of
the B.N.S.
3. As per prosecution case, the petitioner and other co-
accused persons are alleged to have abuses, snatched the
weapons of Police officials and causing injury to them and also
Patna High Court CR. MISC. No.88327 of 2025(2) dt.09-01-2026
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tried to disturbed conveyance of general public.
4. Learned counsel for the petitioners submit that the
petitioners have clean antecedent and they have been falsely
implicated in the present case. Petitioner no. 1 is named in the
F.I.R. whereas petitioner no. 2 is not named in the F.I.R. From
perusal of the F.I.R., it appears that on the basis of video
footage, the petitioners and other accused persons are falsely
been implicated in this case and there is no specific allegation
against these petitioners of assaulting anyone rather the
allegation are general and omnibus against these petitioners.
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
allegation are general and omnibus against these petitioners, 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 Muffasil P.S. Case No.
145 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.88327 of 2025(2) dt.09-01-2026
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Section 438(2) of the Code 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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