Patna High Court
Maksud AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court denied anticipatory bail to the petitioners.
Summary
The petitioners, four residents of Apahar village, sought anticipatory bail fearing arrest in a criminal case (Amnour P.S. Case No. 220 of 2025) involving offences under several sections of the Bharatiya Nyaya Sanhita. The FIR alleged that the petitioners assaulted the informant Ankita Raj and her husband after a wedding procession blocked the road, leading to injuries and a serious law‑and‑order situation. The State argued that the petitioners have a criminal antecedent, being accused in another case (Amnour P.S. Case No. 219 of 2025), and that the incident caused public disturbance requiring additional police deployment. The petitioners contended that the scuffle was minor and cited a prior similar case where relief was granted on the ground of a clean antecedent. The Court examined the differences, noted the petitioners’ prior accusation, and concluded that the circumstances did not merit anticipatory bail, thereby rejecting the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the allegations of assault and their prior criminal antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal antecedent
- law and order
- assault
- Bharatiya Nyaya Sanhita
- high court
- relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90642 of 2025
Arising Out of PS. Case No.-220 Year-2025 Thana- AMNAUR District- Saran
======================================================
1. Maksud Alam Son of Akhtar Ali Resident of Village- Apahar, P.S.- Amnour,
Dist- Saran at Chapra
2. Kuraisha Khatun Wife of Md. Rasid Resident of Village- Apahar, P.S.-
Amnour, Dist- Saran at Chapra
3. Hasrat Ali Son of Kurban Miyan Resident of Village- Apahar, P.S.- Amnour,
Dist- Saran at Chapra
4. Rizwan Ali Son of Ansaru Miyan @ Ansaru Ali Resident of Village- Apahar,
P.S.- Amnour, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
: Ms. Pampy Kumari, Advocate
For the State : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Learned counsel for the petitioners pray for and is
allowed to make necessary correction in paragraph no.3 of the
petition regarding its case number.
2. Heard the parties.
3. The petitioners are apprehending their arrest in
connection with Amnour P.S. Case No. 220 of 2025 registered
for the offence punishable under Sections 115(2), 126(2),
109(1), 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya
Sanhita, lodged on 18.07.2025 by the informant Ankita Raj.
4. As per the prosecution story, the informant alleged
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that after treatment of her child, as they were returning on their
vehicle, the wedding procession of Siraj Ansari was going on.
As they have blocked the road, request was made whereafter the
accused side armed variously assaulted causing injuries. The
husband and the informant was taken to the Primary Health
Centre, Garkha, Saran at Chapra and the allegation is that
thereafter Ehsan Ali threatened the informant and others with
dire consequences after their release on bail. This led to the
F.I.R.
5. Learned counsel for the petitioners submit that on
petty issue, the scuffle took place which has been exaggerated.
6. Learned APP on the other hand has taken this Court
to the learned Sessions Judge order to show that the alleged
assault by the petitioner side causing injuries to the informant as
also her husband, led to serious law and order situation in that
area and the Administration has to deploy additional forces to
control the said law and order situation between the two sets of
society. He further submits that the petitioners have criminal
antecedent.
7. Learned counsel for the petitioner had taken this
Court to an order passed by coordinate Bench in Cr. Misc. No.
85430 of 2025 (Najrul Miyan and Ors. vs. The State of Bihar)
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disposed of on 24.12.2025 to show that similar situate persons
have been extended relief.
8. A perusal of the said order would show that one of
the ground that has been taken by the coordinate Bench to grant
relief is that the petitioners have absolutely clean antecedent.
Here the situation is different, the paragraph no.3 shows that the
petitioners are accused in Amnour P.S. Case No. 219 of 2025
(wrongly typed as Amnour P.S. Case No. 119 of 2025). Thus the
case of the petitioners cannot be equated with the Cr. Misc. No.
85430 of 2025.
9. This Court has taken note of the submission of
learned APP as also the observation made by the learned
Sessions Judge as to how on the ground of only pass to the Car,
serious law and order situation was created by the accused side.
In that background this Court is not inclined to extend relief to
the petitioners.
10. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
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