Patna High Court
Md. Nizam @ Md. NajamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, finding the allegations against them to be general and noting the precedent of similar co‑accused receiving bail.
Summary
The petitioners, three residents of Mangalwara, sought anticipatory bail fearing arrest in a criminal case (Srinagar PS Case No. 152 of 2024) that alleged their involvement in assaults and theft under several sections of the Bhartiya Nyaya Sanhita. The prosecution’s FIR described a series of violent acts by various co‑accused, but the petitioners argued that the allegations against them were vague, general and omnibus, and that they had filed a counter‑case (Case No. 153 of 2024) against the informant. They also highlighted that similarly situated co‑accused, Md. Afroj and Md. Sakur, had been granted anticipatory bail by a coordinate bench of the same court. The court, after considering these submissions, found the allegations insufficiently specific and noted the existence of a counter‑case and the precedent, and therefore granted anticipatory bail to the petitioners. The order directed that, upon arrest or surrender within four weeks, each petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when allegations against the accused are general and omnibus in nature
- Whether the existence of a counter‑case and the grant of anticipatory bail to similarly situated co‑accused justify granting anticipatory bail to the petitioners
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115, 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- general allegations
- false implication
- Section 482
- criminal procedure
- counter case
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9414 of 2026
Arising Out of PS. Case No.-152 Year-2024 Thana- SHRI NAGAR District- Madhepura
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1. Md. Nizam @ Md. Najam Son of Late Md. Jainul Resident of Village -
Mangalwara Rahta, Ward No. 03, P.S. - Srinagar, District - Madhepura.
2. Md. Sadre Alam @ Sadre Alam Son of Md. Ijrayal Resident of Village -
Mangalwara Rahta, Ward No. 03, P.S. - Srinagar, District - Madhepura.
3. Md. Ejaj @ Guddu @ Md. Azad Son of Md. Nizam Resident of Village -
Mangalwara Rahta, Ward No. 03, P.S. - Srinagar, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyameshwar Kumar Singh
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard the learned counsel for the petitioners and the
learned Additional Public Prosecutor for the State.
2. The petitioners apprehends their arrest in connection with
Srinagar P.S. Case No. 152 of 2024, dated 24.12.2024,
registered under Sections 126(2), 115, 109, 303(2), 352,
351(2), 3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 20.12.2024, while the informant was at his door
and her daughter-in-law was preparing food, co-accused
Md. Shahnawaz is alleged to have thrown a brick, which
hit her due to which she fell down unconscious. After this,
upon the orders of co-accused Md. Shakur, Md.
Patna High Court CR. MISC. No.9414 of 2026(2) dt.12-03-2026
2/3
Shahnawaz assaulted the informant by means of Farsa,
causing head injury. When Gulnaz Begam came to save
the informant, she was also assaulted by co-accused Md.
Ijraile, causing injury at her head. It has further been
alleged that other accused persons also assaulted the
family members of the informant. The petitioner no. 3
assaulted the informant’s son by means of lathi and
petitioner no. 1 snatched mobile from informant’s son-in-
law. There is no specific allegation alleged against the
petitioner no. 2.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in the present
case and allegations against them are general and
omnibus in nature. He next submits that counter case has
also been lodged by the side of the petitioners bearing
Srinagar Police Station Case No. 153 of 2024 against the
informant and others. During the entire incident, only two
persons from the informant’s side are stated to have
sustained injuries, which are simple in nature, and the
said injuries were not caused by the petitioners. He
further submits that similarly situated co-accused persons,
namely, Md. Afroj and Md. Sakur, have been granted
anticipatory bail by a Co-ordinate Bench of this Court in
Patna High Court CR. MISC. No.9414 of 2026(2) dt.12-03-2026
3/3
Cr. Misc. No. 69629 of 2025.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that the
allegations against the petitioners are general and
omnibus in nature, case and counter-case is there and
similarly situated co-accused persons have been granted
anticipatory bail by a Co-ordinate Bench of this Court, I
am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, 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 learned Chief
Judicial Magistrate, Madhepura, in connection with
Srinagar Police Station Case No. 152 of 2024, subject to
the condition laid down under Section 482 (2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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