Patna High Court
Md. Gaffar @ Md. GafarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Md. Gaffar, sought anticipatory bail after being named in a case alleging that he, along with others, demanded money, assaulted an informant with the butt of a pistol, and fired a country-made pistol, causing head injury. The prosecution alleged offences under Sections 126(2), 115(2), 109, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner claimed innocence, arguing lack of incriminating material and that the injury report did not corroborate the alleged injury, while also noting his four prior criminal cases. The State opposed bail, emphasizing the specific allegations against the petitioner, the corroborating injury report, and his criminal antecedents. After weighing the seriousness of the accusations and the petitioner’s history, the Court declined to grant anticipatory bail, rejecting the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and his prior criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- assault
- arms act
- bail jurisprudence
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11252 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Md. Gaffar @ Md. Gafar S/o Md. Hasim Resident of Village - Khajauli, P.S-
Khajauli, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in
connection with Khajauli P.S. Case No. 129 of 2025 registered
under Sections 126(2), 115(2), 109, 3(5) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, on 02.07.2025 at
about 09:00 P.M., while informant was returning home from
Hatiya Chowk, in the meantime, the accused persons including
this petitioner demanded Rs.1000/- from the petitioner to
consume alcohol. When informant refused, all the accused
persons including the petitioner assaulted him with butt of pistol
causing head injury. The accused persons also fired with country
made pistol.
4. Submission of learned counsel for the petitioner
Patna High Court CR. MISC. No.11252 of 2026(3) dt.23-04-2026
2/2
is that petitioner is innocent and has falsely been implicated in
this case due to party politics. No incriminating material has
been recovered from the conscious possession of the petitioner.
Further submission is that the injury report does not corroborate
the injury. Petitioner has got four criminal antecedents in which
he is on bail. Petitioner undertakes to cooperate in the
investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
vehemently opposed the prayer for bail by contending that
petitioner is named accused and there is specific allegation
against the petitioner for causing injury to the informant which
is corroborated by the injury report. Petitioner has four criminal
antecedents. Hence, he does not deserve to be enlarged on
anticipatory bail.
6. Having considered the facts and circumstances of
the case, nature of the accusation and the criminal antecedents
of the petitioner, this Court is not inclined to grant anticipatory
bail to the petitioner. Accordingly, prayer for bail of the
petitioner is rejected.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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