Patna High Court
Md. Guddu @ Md. Afzal @ Md. AllauddinversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, three brothers, applied for anticipatory bail in a case where the complainant alleged that they assaulted her and her husband, stripped her, and stole ornaments and cash during a land‑related dispute. The prosecution charged them under several sections of the Bihar Negotiable Statutes, 2023, including offences of assault, robbery and criminal intimidation. The petitioners contended they were innocent, had no criminal record, and were falsely implicated due to village politics and a land dispute. The court noted the absence of prior criminal antecedents and the familial relationship between the parties, and considered the allegations to be unsubstantiated. Accordingly, the court exercised its power under Section 438 of the CrPC and Section 482(2) of the BNSS, 2023, and granted anticipatory bail subject to a bond and sureties. The order directed that the bail be released if the petitioners are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482(2) BNSS, 2023 in view of the alleged offences.
- Whether the allegations, arising from a land dispute, constitute a sufficient ground to deny bail.
- Whether the petitioners' clean criminal record and the claim of false prosecution warrant bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS 2023
- land dispute
- assault
- criminal antecedents
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89232 of 2025
Arising Out of PS. Case No.-181 Year-2025 Thana- SARAI RANJAN District- Samastipur
======================================================
1. Md. Guddu @ Md. Afzal @ Md. Allauddin Son fo Md. Ali Hussain R/V -
Jitwarpur Humihra, P.S. - Sarairanjan, Dist. - Samastipur.
2. Md. Saddam Son of Md. Hanif R/V - Jitwarpur Humihra, P.S. - Sarairanjan,
Dist. - Samastipur.
3. Md. Ali Hussain Son of Mahjid Miyan R/V - Jitwarpur Humihra, P.S. -
Sarairanjan, Dist. - Samastipur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mr. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Sarairanjan Police Station Case No. 181 of 2025,
disclosing offences under Sections 126(2), 115(2), 76, 303(2),
352, 351(2), 3(5) of the BNS, 2023.
3. As per the prosecution case, on 12.09.2025,
while the informant was constructing a cowshed on her land, the
accused persons, including the petitioners, allegedly abused and
assaulted her, during which she was disrobed and her gold
ornaments were snatched. It is further alleged that when her
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husband intervened, he was also assaulted by an iron rod and
cash was taken from his pocket.
4. Learned counsel for the petitioners submits that
the petitioners are completely innocent and have committed no
crime. Both the parties are closely related and there is land
dispute between the parties. The petitioners are not having any
criminal antecedents. The entire prosecution case is false,
baseless, and fabricated. The petitioners have falsely been
implicated in this case due to village politics and land disputes.
No specific charges have been leveled against the petitioners.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
petitioners are having no criminal antecedents, both the parties
are closely related and there is land dispute between them,
accordingly, I am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate- 1 st Class,
Patna High Court CR. MISC. No.89232 of 2025(2) dt.15-01-2026
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Samastipur, in connection with Sarairanjan Police Station Case
No. 181 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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