Nasim Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22402 of 2026 Arising Out of PS. Case No.-237 Year-2025 Thana- AMDABAD District- Katihar ====================================================== Nasim Akhtar Son of Subhan Haji @ Abdul Subhan Resident of VillageJamra Ratanpur, P.S.- Amdabad, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rajendra Prasad Sah, Advocate For the State :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2026 Heard learned counsel appearing on behalf of the petitioner and 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), 127(2), 115(2), 109, 331(5), 132, 121(1), 121(2), 309(5), 307, 352, 351(2), 351(3), 61(2), 125(b), 137(2) and 324(5) of the B.N.S..
3. As per prosecution case, informant, who is a police officer, received a telephonic call from dial no. 112 to the 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
2/4 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 one 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 all the F.I.R. named accused persons, including this petitioner, got furious and caused hindrance in legal proceedings, then the aforesaid accused persons, including this petitioner 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.
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4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Allegation of assault is general and omnibus and no specific accusation of any overt act has been alleged against this petitioner. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 24.02.2026 passed in Cr. Misc. No. 10208 of 2026. Petitioner claims clean antecedents.
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, claim based on parity and clean antecedents of the petitioner, 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 J.M. 1st Class-III, Katihar in connection with Amdabad P.S. Case No. 237 of 2025, subject to
4/4 condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T