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2026 DAILYLAW 6637 (PAT)

Md. Husen v. The State of Bihar

CR. MISC./10208/2026 · 2026-02-24

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10208 of 2026 Arising Out of PS. Case No.-237 Year-2025 Thana- AMDABAD District- Katihar ====================================================== 1. Md. Husen S/o Abdul Rashid R/o Village - Jamda Ratanpur, P.S - Amdabad, District - Katihar 2. Amir Hussain S/o Suleman R/o - Chhota Lakhanpur, P.S - Amdabad, District - Katihar 3. Gayasuddin S/o Idrish R/o - Jiyamari, P.S - Amdabad, District - Katihar 4. Akhatar S/o Niyajuddin @ Riyajuddin R/o - Jiyamari, P.S - Amdabad, District - Katihar 5. Md. Mojahid @ mojahid S/o Md. Ismail R/o - Jiyamari, P.S - Amdabad, District - Katihar 6. Md. Sadakas S/o Md. Ismail R/o - Jiyamari, P.S - Amdabad, District - Katihar 7. Jahangir Alam S/o Fajlu Haque R/o - Jiyamari, P.S - Amdabad, District - Katihar 8. Ahmad Hussain S/o Fajlu Haque R/o - Jiyamari, P.S - Amdabad, District - Katihar 9. Mansur S/o Ishaque R/o - Jiyamari, P.S - Amdabad, District - Katihar 10. Salaluddin @ Salauddin S/o Asraad Ali R/o - Jiyamari, P.S - Amdabad, District - Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh, Adv For the Opposite Party/s : Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 24-02-2026 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioners and the learned APP for the State. 2. This application for grant of anticipatory bail arises out of Amdabad Police Station Case No. 237 of 2025 dated 26.09.2025, disclosing the offence under Sections 191(2), 191(3), 190, 126(12), 127(2), 115(2), 109, 331(5), 132, 121(1), Patna High Court CR. MISC. No.10208 of 2026(3) dt.24-02-2026 2/5 121(2), 309(5), 307, 352, 351(2), 351(3), 61(2), 125(b), 137(2) and 324(5) of the BNS lodged by the informant, Amit Kashyap. 3. According to F.I.R., prosecution case, in a nutshell, is that informant/the police officer received a telephonic call from dial no. 112 to this effect that there has been a vehicle accident at village Jamaipara, then informant along with local Chowkidar arrived to the said village, he saw the mob of 400- 500 persons there. Informant has further alleged that on being asked, some local persons informed him that two persons riding on motorcycle were coming and in that course, they dashed to one Abdul Rahman who was a resident of village Jamaipara. Further, persons disclosed that said two motorcycle riders have been kept in the house of Abdul Rahman by the villagers. Hence, informant went to the courtyard of Abdul Rahman for taking up the custody of said motorcycle riders as well as alleged motorcycle, then he saw that there were to 200 persons present inside and outside of the house of Abdul Rahman. The informant has further alleged that when he asked about said both motorcycle riders then accused-petitioners namely 1. Murtaza 2. Md. Akbar 3. Md. Husen 4. Md. Sadakas 5. Md. Mojahid 6. Jahangir Alam 7. Amir Hussain 8. Ahmad Hussain 9. Akhatar 10. Gayasuddin 11. Salauddin 12. Mansur and some other Patna High Court CR. MISC. No.10208 of 2026(3) dt.24-02-2026 3/5 accused persons got furious and caused hindrance in legal proceedings, then the aforesaid accused-petitioners and about 150 unknown persons and other accused named in F.I.R abused the police personnel and also used criminal force against them and they also tried to snatch the rifle from police personnel and on protest all aforesaid persons started assaulting to the police personnel and they further made lethal attack on the police personnel and they also caused injury on the head of a constable, namely Hitendra Kumar. They also brutally assaulted the informant. Later on, Hitendra Kumar was taken to PHC Amdabad for treatment. Accordingly, the present FIR. 4. Learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged in the FIR and they have falsely been implicated in this case and the allegations against these petitioners are general and omnibus in nature. The FIR has been lodged against 18 named accused persons and 150 unknown persons. All these petitioners have got clean antecedents. 5. On the other hand, learned APP opposes the prayer for anticipatory bail of the petitioner but concedes that there is nothing specific against these petitioners. 6. Considering the fact that that there is nothing Patna High Court CR. MISC. No.10208 of 2026(3) dt.24-02-2026 4/5 specific against these petitioners and they have got clean antecedents, this Court is inclined to grant the petitioners the privilege of anticipatory bail. 7. This application for anticipatory bail is, accordingly, allowed. 8. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within six weeks from today, 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, Katihar in connection with aforesaid Police Station Case subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023, as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner(s) shall in Patna High Court CR. MISC. No.10208 of 2026(3) dt.24-02-2026 5/5 no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/her bail bonds. perwez (Ajit Kumar, J) U T