Patna High Court
Habib @ HabeebullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as the allegations are omnibus, no specific overt act is attributed to him, and co‑accused have been granted bail.
Summary
The petitioner, Habib @ Habeebullah, applied for pre‑arrest bail in a case (Kachna PS Case No. 59/2025) involving offences under several sections of the BNS, alleging that a large group of accused created a ruckus at the police station and assaulted police to secure the release of another detainee. The petition argued that the FIR’s allegations are omnibus, with no specific overt act attributed to him, and that similarly situated co‑accused have already been granted pre‑arrest bail by other benches of the Patna High Court. The State opposed the bail, contending the seriousness of the offences. The Court, after reviewing the FIR and noting the precedent of bail to co‑accused, held that the petitioner had made out a prima‑facie case for bail. Accordingly, the petitioner was directed to be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNS and verification of his criminal antecedents by the District Court.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNS given the omnibus nature of the FIR allegations.
- Whether the absence of a specific overt act against the petitioner justifies granting pre‑arrest bail.
- Whether the grant of bail to similarly situated co‑accused in earlier orders is determinative of the petitioner's bail application.
Legislation cited
- BNS — s. 109, 115(2), 132, 190, 191(2), 324(4), 351(2)(3), 352, 482(2), 49, 54
Subjects
- pre‑arrest bail
- Section 482(2) BNS
- omnibus FIR
- police assault
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91148 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- Kachna District- Katihar
======================================================
Habib @ Habeebullah Son of Hanif R/O- Bighore Hat, P.S.- Kachna, Distt.-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel
appearing on behalf of the petitioners and Mr. Yogendra Kumar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Kachna P.S. Case No. 59/2025 registered for the offence(s)
punishable under Sections 191(2), 190, 132, 115(2), 109, 49, 54,
324(4), 352 and 351(2)(3) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named in the FIR including 50-60 unknown persons
created rucks in the premise of the police station and pressurized
the police personnel to release one Md. Sultan, who was taken
into custody in connection with a case. The accused persons
assaulted the police personnel, causing injury to them.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.91148 of 2025(2) dt.04-02-2026
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petitioner submitted that besides the omnibus nature of
allegation against 25 named accused, as well as, 50-60 unknown
persons, there is no specific accusation against the petitioner of
causing any overt act. Similarly situated co-accused persons
have also been granted pre-arrest bail by different co-ordinate
Benches of this Court vide order dated 23.12.2025 passed in Cr.
Misc. No.84301 of 2025 and order dated 03.02.2026 passed in
Cr. Misc. No.85907 of 2025.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well, having perused the allegation made in the
FIR and also the fact that similarly situated co-accused persons
have already been granted pre-arrest bail by different co-
ordinate Benches of this Court, I am of the opinion that
petitioner has, prima facie, made out a case to be released on
pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.91148 of 2025(2) dt.04-02-2026
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satisfaction of learned Chief Judicial Magistrate- Katihar /
Concerned Court in connection with Kachna P.S. Case No.
59/2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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