Md. Zishan @ Md. Zeeshan Zubair @ Md. Zeeshan Khan @ Zeeshan Zibair v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6535 of 2026 Arising Out of PS. Case No.-286 Year-2025 Thana- ROH District- Nawada ====================================================== Md. Zishan @ Md. Zeeshan Zubair @ Md. Zeeshan Khan @ Zeeshan Zibair Son of Md. Zubair @ Md. Zubair Khan Resident of Village- Gulzarbagh Roh, Ward No. 07, P.S.- Roh, District- Nawada, State- Bihar- 805141 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra, Advocate :
Mr. Jitendra Kumar, Advocate :
Mr. Kuldeep Kumar, Advocate For the State :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2026 Heard Mr. Ravish Mishra, learned counsel for the petitioner duly assisted by Mr. Jitendra Kumar and Mr. Ram Sevak Choudhary, learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Roh P.S. Case No. 286 of 2025 registered for the offence under Sections 196(2), 191(2), 299 and 192 of the Bharatiya Nyaya Sanhita, lodged on 29.08.2025 by the informant, Umesh Prasad Singh.
3. As per the prosecution story, the informant who is a Police Officer came to know that some brick batting is taking place near a temple, reached there and found number of people resorting to brick batting disturbing the communal harmony,
2/4 some of them were apprehended while others managed to escape. This led to the F.I.R..
4. Learned counsel for the petitioner submits that he is a student, not present at the place of occurrence, has no criminal antecedent but only because he was a passerby, got implicated. His father has also given an application before the Senior Superintendent of Police, Nawada for a proper enquiry in the matter which is part of the record as Annexure-2. The submission is that if granted relief and further such allegation comes against him, the State shall be free to take steps for cancellation of bail bond. Last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.2,000/- by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to the Chief Minister's Relief Fund.
5. Learned APP opposes the prayer submitting that his name has also cropped up in the case.
6. Considering the aforesaid submissions of the parties as also that he is a student having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.2,000/- by Demand Draft issued by the local branch of the State Bank of
3/4 India/any Nationalized Bank to the Chief Minister's Relief Fund.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Nawada, in connection with Roh P.S. Case No. 286 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioner 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/her bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T