Masoom Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36065 of 2026 Arising Out of PS. Case No.-420 Year-2025 Thana- KOTWA District- East Champaran ====================================================== Masoom Anwar S/o Reyaz Ahmad Resident of Village - Gadhwa, Khajuriya, P.s. - Kotwa, Dist. East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-06-2026 The Court proceeding is being conducted through virtual mode.

2. Upon repeated calls, no one appears on behalf of the petitioner. However, learned APP for the State is present.

3. The petitioner is apprehending arrest in connection with Kotwa P.S. Case No.420 of 2025 lodged on 30.11.2025, for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 132, 121(1), 121(2), 285, 326(b), 333, 324(4), 326(f), 351(2) and 352 of the B.N.S., 2023 read with section 8(B) of the National Highways Act.

4. As per the prosecution, FIR has been lodged against 43 named and 250 unknown accused persons including the present petitioner with allegation that they had blocked the National Highways due to death of five persons. It has been

Patna High Court CR. MISC. No.36065 of 2026(2) dt.01-06-2026 2/3 alleged that when Police team reached there, the mob started pelting stone due to which injury caused to the police personnel.

5. Upon bare perusal of the FIR, it transpires to this Court that the petitioner was identified by local chowkidar. It further transpires that the FIR has been lodged against 43 accused persons on the identification of the chowkidar. It further transpires that there is general and omnibus allegation against the petitioner. It further transpires that there is no specific allegation against any of the person named in the FIR.

6. It further transpires that the criminal antecedent of the petitioner is not clean as there is one criminal case pending against him in which he is on bail. It further transpires that other co-accused persons have been granted bail vide orders dated 08.04.2026, 16.04.2026, 22.04.2026 & 07.05.2026 passed in Cr. Misc. No.20518 of 2026, 24675 of 2026, 25337 of 2026 and 31321 of 2026.

7. Learned APP for the State opposes the prayer for bail of the petitioner and submits that other co-accused persons have been granted bail by the Co-ordinate Bench of this Court.

8. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the

Patna High Court CR. MISC. No.36065 of 2026(2) dt.01-06-2026 3/3 learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate, 1st Class, Motihari, East Champaran, in connection with Kotwa P.S. Case No.420 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Prakashmani/- U