Md. Abdulla @ Md. Abdul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8356 of 2026 Arising Out of PS. Case No.-226 Year-2025 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.
MD. Abdulla @ Md. Abdul, Son of Md. Abbas @ Md. Abbas Alam Resident of Village - Ghorghat, P.S.- Sultanganj, District - Bhagalpur. 2.
M. Sarfaraz @ Md. Sarfaraz Alam @ Md. Sarfaraj @ Md. Sarfaraj Alam, Son of Md. Abbas @ Md. Abbas Alam Resident of Village - Ghorghat, P.S.- Sultanganj, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate Mr. Chandan Kumar Verma, Advocate Mr. prabhat Kumar, Advocate Mr. Sikendra Yadav, Advocate Mr. Ashutosh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, Advcoate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Sultanganj P.S. Case No.226 of 2025 registered for the offences under Sections 126(2), 115(2), 109, 351, 352, 79, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioners is that they forcibly entered the house of the informant and assaulted the
2/4 wife of the informant with lathi. It is further alleged that the accused persons brutally assaulted the informant's mother, upon which she became unconscious.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case and no such incident as alleged had occurred. It has further been submitted that on a false and concocted story, the present FIR has been lodged with general and omnibus allegations. It has next been submitted that it would be evident that the allegations of offence under Section 109 of the BNS are also not made out, as it would appear from the injury report that the injuries were found to be simple and not on the vital part of the body. It has also been submitted that the present case is a counterblast of Sultanganj P.S. Case No. 227 of 2025 lodged by the sister of petitioner no.1. It has lastly been submitted that the petitioners have clean antecedents.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below
3/4 within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Sultanganj P.S. Case No.226 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
4/4 allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T