Patna High Court
Md. Ashif @ Md. AsifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner, subject to a bond and sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Ashif, sought bail after being implicated in a case under Sections 127(2), 115(2), 74, 303(2), 352 and 351(3)/3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging assault and theft. He claimed the allegations were false, arising from a land dispute, and that the FIR lacked an injury report. The State opposed the bail application. The court examined the factual matrix, noting the petitioner's clean antecedent and the speculative nature of the accusations. Relying on Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the court ordered bail on condition of a bond and sureties. The bail was to be effected within eight weeks of the order.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the Bhartiya Nyaya Sanhita and Section 482 of the Bhartiya Nagrik Suraksha Sanhita despite the serious nature of the alleged offences.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 127(2), 303(2), 351(3), 351(5), 352, 74
Subjects
- bail
- false implication
- land dispute
- assault
- theft
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12174 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- Manikpur District- Lakhisarai
======================================================
Md. Ashif @ Md. Asif S/O Md. Akhtar Resident of Village- Maulanagar, P.S.-
Manikpur, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 127(2), 115(2), 74,
303(2), 352, 351(3)/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R., on 15.09.2025 at about 8:30 PM,
informant’s brother was returning from market, in the meantime,
all the named accused persons including petitioner surrounded
and assaulted him, but any how informant's brother escaped. It
is further alleged that thereafter, accused persons entered the
house of informant and misbehaved with female members and
this petitioner snatched gold chain and ear ring from informant's
sister-in-law.
4. Learned counsel for the petitioner submits that due
to land dispute, petitioner has been falsely implicated in this
Patna High Court CR. MISC. No.12174 of 2026(2) dt.24-02-2026
2/2
case. Allegation of assault is general and omnibus and there is
no injury report on record to substantiate the allegation made in
the F.I.R. As a matter of fact, present case is counter blast of
Manikpur P.S. Case No. 110 of 2025, which was lodged by co-
accused Shahnaz Khatun against informant and other family
members. Rest of the allegation is ornamental. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged 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
A.C.J.M. - II, Lakhisarai in connection with Manikpur P.S. Case
No. 111 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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