Patna High Court
Md. ManirulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to anticipatory bail in the present case.
Summary
The petitioner, Md. Manirul, applied for anticipatory bail fearing arrest in a FIR (Case No.145 of 2025) that listed numerous offences under the B.N.S, 2023 but did not specifically name him. The FIR alleged obstruction of a police informant, damage to government property and arson, involving 18 named accused and many unknown persons. The petitioner argued that he was not identified in the FIR, no specific role was ascribed to him, there was no serious injury, and similarly situated co‑accused had already been granted anticipatory bail. The State opposed the application. The Court noted the lack of specific allegation, absence of injury, the petitioner’s clean record and the precedent of bail to co‑accused, and therefore ordered anticipatory bail subject to a Rs.10,000 bond and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the B.N.S, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite not being specifically named in the FIR
- Whether the presence of similar co‑accused granted bail influences the petitioner's claim
- Whether the conditions under Section 438(2) CrPC and Section 482(2) B.N.S, 2023 are satisfied
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 121(1), 121(2), 126(2), 127(2), 132, 190, 191(2), 191(3), 221, 226(F), 303(2), 324(4), 351(2), 438(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR
- section 438 CrPC
- section 482 B.N.S
- no specific allegation
- bail bond
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90141 of 2025
Arising Out of PS. Case No.-145 Year-2025 Thana- Mufassil District- Purnia
======================================================
Md. Manirul S/o Mojahid R/o Village - Balughat, P.S - Muffasil, District -
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Muffasil P.S. Case no.145 of 2025 registered 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
B.N.S, 2023.
3. The allegations in the F.I.R. pertain to causing
obstruction in the discharge of official duties of the informant,
who is a police personnel. The F.I.R. names 18 accused persons
and 80–90 unknown persons, with allegations of damage to
government property and involvement in arson.
4. Learned counsel for the petitioner submits that
F.I.R has been lodged against 18 named persons, however,
Patna High Court CR. MISC. No.90141 of 2025(2) dt.15-01-2026
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petitioner is not named in the F.I.R. There is general and
omnibus allegation leveled against this petitioner and there is no
description of specific role played by the petitioner in the F.I.R.
It is further submitted that no serious injury has caused to any
person. Similarly situated co-accused persons have already been
granted anticipatory bail vide orders dated 24.11.2025 and
16.12.2025 passed in Cr. Misc. Nos. 74328 of 2025 and Cr.
Misc. No. 79129 respectively. The petitioner has no criminal
antecedent and undertakes to co-operate in investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that there is no
definite injury sustained by the injured persons and similarly
situated co-accused have already been granted the privilege of
anticipatory bail by the aforesaid orders dated 16.12.2025 and
24.11.2025, it is directed that the petitioner, above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Muffasil P.S. Case no.145 of 2025 on
furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.90141 of 2025(2) dt.15-01-2026
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learned Court concerned where the case is pending/successor
Court, subject to the condition laid down under Section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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