Patna High Court
Md. Kasif Kamar @ KasifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted pre‑arrest bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioner, Md. Kasif Kamar, applied for pre‑arrest bail in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act, alleging that he fired a musket and caused mischief to a vehicle, though no injury was reported. The prosecution alleged that the petitioner was involved in the alleged offences and highlighted three prior criminal cases against him. The petitioner’s counsel argued that the allegations were ornamental, that he was falsely implicated, and that he had not committed any offence, merely being a member of a mob. The State opposed bail, citing the petitioner’s criminal antecedents. The court, considering the nature of the allegations and applying Section 482(2) of the B.N.S., ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, within four weeks of the order.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner despite the serious charges under the B.N.S. and Arms Act.
- Whether the petitioner’s alleged criminal antecedents preclude the grant of bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the court to release the petitioner on bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 119(1), 126(2), 190, 191(2), 305, 308(2), 326, 351(2), 352, 61(2), 76
Subjects
- pre‑arrest bail
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- Section 482
- criminal antecedent
- mob violence
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91538 of 2025
Arising Out of PS. Case No.-255 Year-2024 Thana- BHARGAMA District- Araria
======================================================
Md. Kasif Kamar @ Kasif S/o Kadir @ Md. Kadir Resident of village -
Akarthapa, Ward No. 07, Police Station - Bhargama, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with
Bhargama P.S. Case No. 255 of 2024 registered for the offence
punishable under Sections 126(2), 115(2), 109, 308(2), 119(1),
305, 326, 352, 351(2), 76, 61(2), 191(2), 190 of the B.N.S., 2023
and Section 27 of the Arms Act.
3. The case of the prosecution in short is that the only
allegation against the petitioner is that he has made firing from his
musket. No one has received any injury. It is further alleged that
there is also an allegation that the petitioner, along with others,
has caused mischief in the vehicle.
4. Learned counsel appearing on behalf of the petitioner
submitted that the petitioner has been falsely implicated in
Patna High Court CR. MISC. No.91538 of 2025(2) dt.06-02-2026
2/2
connection with the present case. He also submits that all the
allegations are ornamental. The petitioner has committed no
offence. He is only a member of mob. As far as antecedents of the
petitioner are concerned, learned counsel for the petitioner has
submitted that all the antecedents are between the parties.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner and submits
that the petitioner is having criminal antecedent of three cases.
6. Considering the nature of allegation against the
petitioner, the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class -cum- A.M.-VIII, Araria in
connection with Bhargama P.S. Case No. 255 of 2024 subject to
the condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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