Patna High Court
Md. Kashim Mansuri @ Md. KashimversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to petitioners 2, 3, 4 and 5, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, five residents of Madhubani district, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita relating to murder, conspiracy, and other offences. One petitioner (Md. Kashim Mansuri) withdrew his application after being arrested, and the court permitted the withdrawal. The remaining petitioners asserted they have clean antecedents, are falsely implicated, and that the FIR contains vague, omnibus allegations of stone‑pelting. The State opposed the bail, but the court, noting a prior anticipatory bail order in a related matter and the petitioners' circumstances, granted anticipatory bail to petitioners 2, 3, 4 and 5, subject to bail bonds and conditions under Section 482(2) of the BNSS. The order directs that if arrested within six weeks, they be released on bail upon furnishing the required security.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 121(1), 126(2), 132, 190, 191(2), 352, 482(2), 61(2), 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- false implication
- stone pelting
- murder
- clean antecedent
- women
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88988 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- LAUKAHA District- Madhubani
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1. Md. Kashim Mansuri @ Md. Kashim S/o Jumrati Mansoori R/o Village-
Lalmania, P.S.- Laukaha, District- Madhubani
2. Jamirun Khatoon W/o Md. Ijrafil R/o Vill- Bhelha, P.S.- Lalmaniya, Distt-
Madhubani
3. Md. Hafeez S/o Late Md. Aseer R/o Vill- Laukaha, P.S.- Laukaha, Distt-
Madhubani
4. Md. Habib S/o Late Md. Aseer R/o Vill- Bishanpur, P.S.- Lalmaniya, Distt-
Madhubani
5. Hasina Khatun Wife of Md. Habib R/o Village- Vishnpur, P.s.- Lalmania,
District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners, at the outset,
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no. 1 (Md. Kashim Mansuri @ Md.
Kashim), who was arrested during pendency of the same.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn with respect to petitioner no. 1 (Md.
Patna High Court CR. MISC. No.88988 of 2025(2) dt.18-02-2026
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Kashim Mansuri @ Md. Kashim).
5. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 190,
191(2), 126(2), 115(2), 121(1), 132, 74, 352 and 61(2) of the
Bharatiya Nyaya Sanhita.
6. Learned counsel for the petitioners submits that a
supplementary affidavit has been filed wherein the correct
address of petitioner nos. 2 and 4 has been pleaded, it is next
submitted that Village and PS of petitioner No. 5 was already
rectified, thus seeks permission to correct the address of
petitioner nos. 2 and 4.
7. Permission is accorded.
8. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner nos.
2 and 5 are women and the informant alleges that that post
mortem of Aasma Khatoon was conducted on 14.07.2025 and
thereafter her dead body was handed over to her family
members and burial was to take place on 15.07.2025 after
arrival of her husband, Md. Hafiz, from Dubai, it is next alleged
that her husband came on 15.07.2025 and kept the dead body at
the house of the accused persons, who were alleged to have
committed the killing of the deceased and started pelting stones
Patna High Court CR. MISC. No.88988 of 2025(2) dt.18-02-2026
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and thereafter started preparation to bury the dead body in the
house of the accused persons, accordingly on receiving
information, the informant with police force reached the place
of occurrence, when accused persons started abusing the force
and also pelted stones, thereafter Chaukidar disclosed the name
of the accused persons who were involved in the occurrence,
further in the occurrence, two female constable were injured
who were treated at P.H.C. Khutauna.
9. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that
allegation of pelting stones is general and omnibus in nature. It
is also submitted that Kuraisa Khatoon had approached this
Court seeking anticipatory bail by filing Cr. Misc No. 82553 of
2025 and the same came to be allowed by an order dated 9-12-
2025.
10. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
11. Considering the submissions made by the learned
counsel for the petitioners and taking into consideration the
order dated 9-12-2025 in Cr. Misc No. 82553 of 2025, the
Patna High Court CR. MISC. No.88988 of 2025(2) dt.18-02-2026
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petitioner nos. 2, 3, 4 and 5 above-named, in the event of their
arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Laukaha P.S. Case No. 103 of 2025, subject to the conditions as
laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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