Md. Guddu @ Md. Afzal @ Md. Allauddin Vs the State of Bihar — Anticipatory Bail | Patna HC (2026)

Md. Guddu @ Md. Afzal @ Md. Allauddin Vs the State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: release on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each upon arrest or surrender within four weeks, subject to Section 438(2) CrPC / Section 482(2) BNSS, 2023 conditions.

Issue for consideration

Whether the three petitioners, arrayed as accused in Sarairanjan Police Station Case No. 181 of 2025 under Sections 126(2), 115(2), 76, 303(2), 352, 351(2) and 3(5) of the BNS, 2023, are entitled to the privilege of anticipatory bail.

Court's answer

The Court found anticipatory bail warranted because the petitioners have no criminal antecedents, both parties are closely related, and there is a land dispute between them.

Ratio / Principle

In the event of arrest or surrender before the Court below within four weeks, the petitioners are to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Samastipur, in connection with Sarairanjan Police Station Case No. 181 of 2025.

Key takeaways

The release is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the BNSS, 2023.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — granted. Patna High Court, single Bench (Anil Kumar Sinha, J), Criminal Miscellaneous No. 89232 of 2025, decision dated 15-01-2026. Application arose out of Sarairanjan Police Station Case No. 181 of 2025 (District Samastipur), instituted for offences under Sections 126(2), 115(2), 76, 303(2), 352, 351(2) and 3(5) of the BNS, 2023. Prosecution alleged that on 12.09.2025, while the informant was constructing a cowshed on her land, the accused, including the petitioners (Md. Guddu @ Md. Afzal @ Md. Allauddin, Md. Saddam and Md. Ali Hussain), abused and assaulted her, disrobed her and snatched her gold ornaments; her intervening husband was allegedly assaulted with an iron rod and cash taken from his pocket. Granting bail, the Court took into account that the petitioners have no criminal antecedents, the parties are closely related, and there is a land dispute between them. On arrest or surrender before the Court below within four weeks, the petitioners were directed to be released on bail on a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Samastipur, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023. No precedent was cited or discussed; the order is unreasoned to the extent of the factors recorded above.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89232 of 2025

Arising Out of PS. Case No.-181 Year-2025 Thana- SARAI RANJAN District- Samastipur

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

Md. Guddu @ Md. Afzal @ Md. Allauddin Son fo Md. Ali Hussain R/V - Jitwarpur Humihra, P.S. - Sarairanjan, Dist. - Samastipur.

Md. Saddam Son of Md. Hanif R/V - Jitwarpur Humihra, P.S. - Sarairanjan, Dist. - Samastipur.

Md. Ali Hussain Son of Mahjid Miyan R/V - Jitwarpur Humihra, P.S. - Sarairanjan, Dist. - Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Gulnar Begum ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 15-01-2026

Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sarairanjan Police Station Case No. 181 of 2025, disclosing offences under Sections 126(2), 115(2), 76, 303(2), 352, 351(2), 3(5) of the BNS, 2023.

As per the prosecution case, on 12.09.2025, while the informant was constructing a cowshed on her land, the accused persons, including the petitioners, allegedly abused and assaulted her, during which she was disrobed and her gold ornaments were snatched. It is further alleged that when her

Patna High Court CR. MISC. No.89232 of 2025(2) dt.15-01-2026 2/3

husband intervened, he was also assaulted by an iron rod and cash was taken from his pocket.

Learned counsel for the petitioners submits that the petitioners are completely innocent and have committed no crime. Both the parties are closely related and there is land dispute between the parties. The petitioners are not having any criminal antecedents. The entire prosecution case is false, baseless, and fabricated. The petitioners have falsely been implicated in this case due to village politics and land disputes. No specific charges have been leveled against the petitioners.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioners are having no criminal antecedents, both the parties are closely related and there is land dispute between them, accordingly, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of

their arrest or surrender before the Court below within four weeks, be released 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 Judicial Magistrate- 1^st Class,

Patna High Court CR. MISC. No.89232 of 2025(2) dt.15-01-2026 3/3

Samastipur, in connection with Sarairanjan Police Station Case No. 181 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J)

HarshPandey/-

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