Patna High Court – Orders
Chand Mistry @ Md. Shabbir vs The State Of Bihar on 28 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47265 of 2025
Arising Out of PS. Case No.-51 Year-2021 Thana- SIGAUDI District- Patna
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Chand Mistry @ Md. Shabbir S/o- Md. Wazir Ansari Village- Sigori PS-
Sigori District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-07-2025
Heard Mr. Ashok Kumr Sinha, learned counsel for
the petitioner and Mr. Raj Kishor Singh, learned APP for the
State.
2. The petitioner is apprehending his arrest in
connection with Sigori P.S. Case No. 51 of 2021, F.I.R. dated
25.04.2021 registered for the offences punishable under
Sections 147, 149, 151, 152, 186, 188, 323, 333, 337, 338, 379,
427, 436, 353, 307, 504 of the Indian Penal Code and Section 27
of the Arms Act.
3. The allegation against the petitioner is that he
intercepted the police officials and created hindrance in
discharge of their officials duties.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.47265 of 2025(2) dt.28-07-2025
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implicated in the present case. It appears from the F.I.R. that on
the basis of CCTV footage, the petitioner and other co-accused
persons have been falsely implicated in the present case. He
further submits that it appears from the F.I.R. that there is no
specific allegation of any assault or overt act attributed against
the petitioner rather there is general and omnibus allegation
against all the accused persons including the petitioner. He
further submits that co-accused person namely Bauaa @ Tarique
Anwar has been granted the privilege of anticipatory bail by a
Coordinate Bench of this Court vide order dated 01.12.2022
passed in Cr. Misc. No. 38444 of 2022, another co-accused
person namely, Azhar @ Md. Azharuddin Alam has been
granted the privilege of anticipatory bail by a Coordinate Bench
of this Court vide order dated 01.05.2023 passed in Cr. Misc.
No. 74705 of 2022, another co-accused persons namely
Mahfooz Alam @ Mahfooz Ansari and others have been granted
the privilege of anticipatory bail by a Coordinate Bench of this
Court vide order dated 30.05.2023 passed in Cr. Misc. No.
17190 of 2023, another co-accused person namely Ahmad @
Md. Ahamad Ali Ansari has been granted the privilege of
anticipatory bail by this Court vide order dated 013.12.2023
passed in Cr. Misc. No. 56474 of 2023 respectively.
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5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the
case and the fact that the petitioner having clean antecedent and
there is no specific allegation against the petitioner in the F.I.R.
and part from that on the basis of CCTV footage, the present
F.I.R. was instituted as well as similarly situated co-accused
persons have been granted the privilege of anticipatory bail by
this Court or by a Coordinate Bench of this Court, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class, Danapur, Patna in connection with
Sigori P.S. Case No. 51 of 2021, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.47265 of 2025(2) dt.28-07-2025
4/4on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, 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, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
