Md. Gabbar @ Md. Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3133 of 2026 Arising Out of PS. Case No.-601 Year-2025 Thana- JAMUI District- Jamui ====================================================== Md. Gabbar @ Md. Aftab Alam S/o Late Md. Umar Khan @ Umar Khan R/o Village - Mahisauri, P.S - Jamui, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Md. Rahmatullah, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2026 Heard Md. Rahmatullah, learned counsel appearing on behalf of the petitioner and Mr. Pramod Kumar Pandey, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 352, 351(2), 308(2), 118(1), 117(2), 109 and 324(4) of the B.N.S..
3. As per prosecution case, it is alleged that on 27.10.2025 at about 5 PM, all the F.I.R. named accused persons, including this petitioner, variously armed, came and started abusing informant and demanded Rangdari of Rs. 2,00,000/- and also assaulted informant and others with iron rod, khanti and butt of pistol as a result, informant and others sustained
Patna High Court CR. MISC. No.3133 of 2026(5) dt.09-04-2026 2/3 multiple injuries.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, both parties are covillagers and a Madarsa is run by the informant and others by collecting funds from the villagers and when the petitioner and others demanded the accounts of the Madarsa, only with a view to hide the misappropriation of funds done by the informant and others, this false and concocted case has been lodged. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Doctor has found the injuries, allegedly caused by this petitioner, simple in nature. Rest of the allegations are ornamental in order to make the case grave. It is further submitted that similarly situated coaccused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 20.02.2026 passed in Cr. Misc. No. 5619 of 2026.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, nature of
Patna High Court CR. MISC. No.3133 of 2026(5) dt.09-04-2026 3/3 injuries allegedly caused by this petitioner and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 601 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T