Wasiullah Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Wasiullah Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the Court below within six weeks, on bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Madhubani/concerned Court, in connection with Pandaul P.S. Case No.8 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Pandaul P.S. Case No.8 of 2026 instituted under Sections 126(2), 115(2), 109, 352, 303(2), 74, 76 & 3(5) of the B.N.S., 2023, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: considering the facts and circumstances of the case, submissions of learned counsel for the parties, the nature of allegation against the petitioner and his clean antecedent, in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Madhubani/concerned Court, in connection with Pandaul P.S. Case No.8 of 2026.

Ratio / Principle

The bail grant is expressly made subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — B.N.S., 2023 OFFENCES. The petitioner, described as a young boy of 20 years with clean antecedents, apprehended arrest in connection with Pandaul P.S. Case No.8 of 2026 (Thana Pandaul, District Madhubani), instituted under Sections 126(2), 115(2), 109, 352, 303(2), 74, 76 & 3(5) of the B.N.S., 2023. Prosecution case: a dispute over throwing garbage in which accused persons including the petitioner allegedly abused and assaulted the informant and her son with a sharp cutting weapon causing injury, tried to outrage the modesty of the informant and snatched her nose pin worth Rs.14,000/-. Petitioner's counsel submitted that he was innocent and falsely implicated; the written report contained no specific allegation against him, the specific injury allegation being against Md. Masuk; the informant's re-statement developed the case contrary to the F.I.R.; the F.I.R. was lodged after a 2-day delay without explanation; the parties are next-door neighbours and the dispute arose over petty matters; the petitioner undertook to cooperate in investigation and trial. Learned A.P.P. for the State and counsel for the informant opposed the prayer. The Court (Sunil Dutta Mishra, J), weighing the nature of allegation and the petitioner's clean antecedent, held that upon arrest or surrender before the Court below within six weeks he be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Madhubani/concerned Court, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17749 of 2026

Arising Out of PS. Case No.-8 Year-2026 Thana- PANDAUL District- Madhubani

======================================================

Wasiullah S/o Md. Masuk Resident of Village- Bhagwatipur, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Gagandeo Yadav, Advocate. Mr. Ravi Prakash, Advocate. For the State : Mr. Anil Kumar Singh No.1, A.P.P. For the Informant : Mr. Rananjay Dubey, Advocate. Mr. Bishwa Nath Mahto, Advocate. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 25-03-2026

Heard learned counsel for the petitioner, learned

A.P.P. for the State and learned counsel for the informant.

The petitioner apprehends his arrest in connection with Pandaul P.S. Case No.8 of 2026 instituted under Sections 126(2), 115(2), 109, 352, 303(2), 74, 76 & 3(5) of the B.N.S., 2023.

As per the prosecution case, all the accused persons including the petitioner assembled near the house of informant and started abusing on the issue of throwing garbage. It is alleged that accused persons including the petitioner assaulted the informant and her son with sharp cutting weapon causing injury to them. It is further alleged that accused persons tried to

Patna High Court CR. MISC. No.17749 of 2026(2) dt.25-03-2026 2/3

outrage the modesty of informant and also snatched nose pin worth Rs.14,000/-.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that in the written report submitted by the informant, there is no specific allegation against the petitioner rather the specific allegation is made against Md. Masuk for causing injury on the head of the informant. Learned counsel submits that the informant in her re-statement developed her case and levelled allegation of assault on her head against the petitioner which is contradictory to the F.I.R. He further submits that the F.I.R. was lodged after delay of 2 days of the occurrence without any plausible explanation. Learned counsel submits that both the parties are next door neighbor and the dispute arose for petty matters. He further submits that petitioner is a young boy of 20 years, having got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

Learned A.P.P. for the State and learned counsel for the informant opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the

Patna High Court CR. MISC. No.17749 of 2026(2) dt.25-03-2026 3/3

nature of allegation against the petitioner as well as his clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Madhubani/ concerned Court in connection with Pandaul P.S. Case No.8 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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