IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61137 of 2025 Arising Out of PS. Case No.-378 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== 1. Md. Zaffar Imam S/O Md. Hasan Imam R/O Mohalla - Pahadpur, P.s.- Gardanibag, Dist.-Patna 2. Md. Tanwir Alam S/O Md. Jalaluddin R/O Mohalla - Pahadpur, P.s.- Gardanibag, Dist.-Patna 3. Rocy @ Md. Rocky S/O Md. Tazuddin Sah R/O Mohalla - Pahadpur, P.s.- Gardanibag, Dist.-Patna 4. Md. Babar Sah @ Md. Babbar S/O Md. Kunnu Sah R/O Mohalla - Pahadpur, P.s.- Gardanibag, Dist.-Patna 5. Md. Sahid @ Raju @ Md. Zahid S/o Md. Sahid @ Chappalwala R/O Mohalla - Pahadpur, P.s.- Gardanibag, Dist.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62995 of 2025 Arising Out of PS. Case No.-378 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== 1. Mohammad Shahin @ Mohammad Shahid S/o Late Md. Dastagin Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 2. Taj Imam @ Md. Taj S/o Hasan Imam Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 3. Ejajuddin @ Bharti S/o Md. Serajuddin Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 4. Shahid @ Md. Shahid S/o Late Md. Nasim @ Nasim Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 5. Md. Shamshad @ Md. Shamshad Ahmad S/o Late Md. Wasi Ahmad Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 6. Md. Kamran S/o Shamim Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 7. Imran Khan @ Md. Rishu (Sachiv) @ Tissu S/o Shamim Khan Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 8. Md. Azhar @ Md. Azharuddin S/o Md. Akhtar Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 9. Md. Rafi Alam S/o Mohammad Sarfuddin Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 10. Md. Anjar @ Moon Anjar @ Moon Azhar S/o Md. Ekbal @ Mochu @ Md. Shamim Akhtar Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna High Court CR. MISC. No.61137 of 2025(2) dt.17-09-2025 2/5 Patna 11. Md. Abid @ Md. Abid Khan S/o Mohammad Farooque Khan Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna 12. Md. Mufiz Ansari S/o Late Majid Ansari Resident of Mohalla- Damaria, PS- Gardanibagh, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63873 of 2025 Arising Out of PS. Case No.-378 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== 1. Md. Javed Alam @ Javed Alam S/O Mahamud Alam R/O Mohalla- Damariya, PO- Anisabad, PS- Gardanibagh, District- Patna, Bihar, Pin- Code-800002 2. Md. Azheruddin S/O Md. Sadruddin R/O Mohalla- Damariya, PO- Anisabad, PS- Gardanibagh, District- Patna, Bihar, Pin-Code-800002 3. Md. Rajjak S/O Md. Ismail R/O Mohalla- Damariya, PO- Anisabad, PS- Gardanibagh, District- Patna, Bihar, Pin-Code-800002 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 61137 of 2025) For the Petitioner/s : Mr.Nagmani Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 62995 of 2025) For the Petitioner/s : Mr.Chandra Shekhar Sharma For the Opposite Party/s : Ms.Madhuri Lata (In CRIMINAL MISCELLANEOUS No. 63873 of 2025) For the Petitioner/s : Mr.Abhay Kumar Upadhyay For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 17-09-2025 1. Learned Counsel for the petitioners, appearing in Criminal Misc. No. 62995 of 2025, informs that the petitioner nos. 7 and 9, namely, Imran Khan and Md. Rafi Patna High Court CR. MISC. No.61137 of 2025(2) dt.17-09-2025 3/5 Alam, have been arrested by the police during the pendency of this application and Criminal Misc. No. 62995 of 2025, so far as petitioner nos. 7 and 9 are concerned, has become infructuous. 2. Accordingly, Criminal Misc. No. 62995 of 2025, so far as petitioner nos. 7 and 9 are concerned, is dismissed as having become infructuous. 3. Criminal Misc. No. 62995 of 2025 will now survive only for petitioner nos. 1 to 6, 8 and 10 to 12. 4. Since all these anticipatory bail applications arise out of Gardanibagh Police Station Case No. 378 of 2025, with the consent of the parties, all these applications are heard together. 5. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, in all the three applications. 6. These applications, for grant of anticipatory bail, arise out of Gardanibagh Police Station Case No. 378 of 2025, disclosing offences punishable under Sections191(2)/ 191(3)/115(2)/352/351(2)/132/223 of the Bhartiya Nyaya Sanhita, 2023. 7. The prosecution case, as per the First Information Report Patna High Court CR. MISC. No.61137 of 2025(2) dt.17-09-2025 4/5 lodged by the Station House Officer, Gardanibagh Police Station, on the basis of the written statement of A.S.I. Saurabh Kumar, is that during the moharram procession, two groups of processions merged near Haldiram Bhujia Shop at Paharpur Police Colony More. The members of both the processions started abusing each other, assaulted with lathi, danda and pelted stones also, creating serious law and order situation, which was somehow pacified. Upon enquiry from local persons, 40 named persons are made accused in the First Information Report along with 100 unknown persons, who were identified through secret informant as miscreants. 8. Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and the allegation against them is general and omnibus in nature on the basis of the statement made by the local people. A minor skirmishes took place during the moharram procession and no serious law and order situation had arisen. None of the parties from the two processions made any complaint before the police regarding assault made upon them. Nobody has sustained any injury during the procession. Patna High Court CR. MISC. No.61137 of 2025(2) dt.17-09-2025 5/5 9. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that the allegation against the accused persons, including the petitioners, is general and omnibus in nature and nobody has sustained injury in the clash between the two groups, I am inclined to grant the petitioners privilege of anticipatory bail. 10. These applications are, accordingly, allowed. 11. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XXIII, Patna, in connection with Gardanibagh Police Station Case No. 378 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √