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Patna High Court

Md. KausharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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