Patna High Court
Md. Abi BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to verification of their clean antecedent and compliance with bail bond conditions.
Summary
The petitioners, a father and his two sons, applied for anticipatory bail after their names surfaced during the investigation of a police assault case (Vishnupad P.S. Case No.173 of 2025). The FIR did not name them, but they were alleged to be involved in offences punishable under multiple sections of the B.N.S., 2023. They contended that they have a clean antecedent and no prior criminal record. The court examined the applicability of Section 438(2) of the Code of Criminal Procedure and considered the petitioners' clean antecedent as a relevant factor. It held that anticipatory bail could be granted, subject to verification of their antecedent and the furnishing of bail bonds with sureties. Accordingly, the court ordered their release on bail with a bond of Rs.10,000 each, conditioned on the lower court’s verification of their clean antecedent.
Issues considered
- Whether anticipatory bail can be granted to persons not named in the FIR but implicated in the investigation
- Whether a clean antecedent suffices as a ground for granting anticipatory bail under Section 438 CrPC
- Whether the conditions prescribed under Section 438(2) of the CrPC are satisfied in the present case
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 121(2), 126(2), 132, 190, 191(3), 19(2), 195, 238, 324, 326(g), 351(2), 352, 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- clean antecedent
- police assault
- bail bond
- multiple offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91487 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- VISHNUPAD District- Gaya
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1. Md. Abi Babu S/O Bariar Khalifa R/O Mohalla- Gugharitand, P.S.-
Vishnupad, Dist.- Gaya
2. Md. Sartaj Babu S/O Md. Abi Babu R/O Mohalla- Gugharitand, P.S.-
Vishnupad, Dist.- Gaya
3. Md. Akbar Babu S/O Md. Abi Babu R/O Mohalla- Gugharitand, P.S.-
Vishnupad, Dist.- Gaya
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Sanjay Kumar Sinha, Advocate
For the State : Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. This application for anticipatory bail arises
out of Vishnupad P.S. Case No.173 of 2025 registered for the
offence punishable under sections 19(2), 191(3), 190, 126(2),
115(2), 109, 121(2), 132, 324, 195, 326(g), 74, 238, 352 and
351(2) of the B.N.S., 2023.
3. Some unknown persons are said to have
assaulted the police party. The name of the petitioners has come
during investigation.
4. It has been submitted on behalf of the
petitioners that the petitioners are father and sons and they are
not named in the F.I.R. He further submits that the petitioners
have clean antecedent and there is general and omnibus
Patna High Court CR. MISC. No.91487 of 2025(2) dt.28-01-2026
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allegation against them.
5. Considering the facts of the case and also the
submissions made on behalf of the petitioners, this application is
allowed.
6. Let the petitioners, above named, in the
event of their arrest/surrender within six weeks from today in
the Court below, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M., VI,
Gaya / concerned Court below, in connection with Vishnupad
P.S. Case No.173 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure.
7. As the petitioners claim to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioners, is directed to verify the antecedent of the
petitioners. The bail bonds of the petitioners shall only be
accepted by the Court below if it is found that they have clean
antecedent.
(Sandeep Kumar, J)
pawan/-
U T
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