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2025 DAILYLAW 95202 (PAT)

Mohammad Shahnawaz v. The State of Bihar

CR. MISC./68066/2025 · 2025-09-23

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68066 of 2025 Arising Out of PS. Case No.-378 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== Mohammad Shahnawaz son of Mohammad Rauf Resident of Village- Paharpur, Police colony, Anisabad, Patna, Ps- Gardanibagh, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the State : Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in Gardanibagh P.S. Case No. 378 of 2025 registered under Sections 191(2), 191(3), 115(2), 352, 351(2), 132, 223 of the BNS, 2023. 3. As per the prosecution story, during the Moharram procession, two groups of processions merged near Haldiram Bhujia Shop at Paharpur Police Colony More. The members of both processions started abusing each other, asasulted with lathi, danda etc. and pelted stones also. 4. Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he has not committed any offence as alleged in the FIR. The allegation against the petitioner is general and omnibus in nature on the basis of statement made by the local people. None of the parties from the two processions made any complaint before the police regarding assault Patna High Court CR. MISC. No.68066 of 2025(2) dt.23-09-2025 2/2 made upon them. Nobody has sustained any injury during the procession. It is further submitted that similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.09.2025 passed in Cr. Misc. Nos. 61137 of 2025, Cr. Misc. No. 62995 of 2025 and Cr. Misc No. 63873 of 2025. 5. Learned APP has opposed the prayer for anticipatory bail. 6. Considering the aforesaid facts and circumstances and the fact that the allegation is general and omnibus in nature and nobody has sustained injury in the clash between the two groups, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Patna in connection with Gardanibagh P.S. Case No. 378 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482 (2) of the BNSS, 2023. priyanka/- (Nawneet Kumar Pandey, J) U T