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Patna High Court

Md. Ashif @ Md. AsifversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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