Created by Fuzzy Cloud

Patna High Court

Maksud AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.90642 of 2025(2) dt.15-01-2026
                                            2/3




          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)
            Patna High Court CR. MISC. No.90642 of 2025(2) dt.15-01-2026
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.