Md Nasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11074 of 2026 Arising Out of PS. Case No.-201 Year-2022 Thana- JANTA BAZAR District- Saran ====================================================== Md Nasim S/O Md Manauvar @ Manauar Ali R/o Vill-Badarjamin, P.oDhamsar, Ps-Janta Bazar, Dist-saran, Add as per FIR - Banpura Latif, South Tola, Po-dhamsar, Ps-janta Bazar, Dist-saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Sahay, Adv Ms. Harshita, Adv For the State :
Mr. Abhay Kumar, APP For the Informant :
Mr. Yashraj Bardhan, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 01-04-2026 Heard Mr. Brajesh Sahay, learned counsel for the petitioner and Mr. Abhay Kumar, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Janta Bazar P.S. Case No. 201 of 2022, registered for the offence punishable under Sections 366(A), 323, 325/34 of the IPC.
3. The case of the prosecution, in short, is that while returning home from the market around 8:00 P.M., the informant's mother and another woman were intercepted near Sirastapur Kali Sthan by a white Bolero. Six accused persons forcibly abducted the informant's niece at gunpoint and threatened the informant's mother to leave silently. After being informed of the incident, the informant went to confront the accused, where Manwar Ali allegedly attacked her with an iron
Patna High Court CR. MISC. No.11074 of 2026(3) dt.01-04-2026 2/3 rod, causing a fracture in her arm while she tried to defend herself.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to village enmity. He further submits that the FIR was register after a delay of more than one month. He further submits that the petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.
6. Despite the fact that the petitioner has approached the Court belatedly, it cannot be ignored that the co-accused, namely, father of the petitioner has already been granted anticipatory bail by order dated 19.10.2023 passed in Cr. Misc. No. 64611 of 2023. Further, the complaint case was lodged after a delay of more than one month and the petitioner does not have criminal antecedent. Considering all these facts and circumstances, this Court is inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.11074 of 2026(3) dt.01-04-2026 3/3 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Janta Bazar P.S. Case No. 201 of 2022, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to the further condition that:- (i) the petitioner shall co-operate in the investigation/trial.
(ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Alok Kumar Sinha, J) kiran/- U T