Patna High Court
Afroz Ahmad Khan @ Afroz KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted as the alleged injury was not evident, the complainant sought withdrawal, and the petitioner had no criminal antecedent, subject to statutory bail conditions.
Summary
The petitioner, Afroz Ahmad Khan, sought anticipatory bail in a case alleging assault with an iron rod under several IPC sections. He claimed false implication to settle a money dispute and asserted that no serious injury was caused and the informant later filed a petition to withdraw the case. The State opposed bail, relying on the FIR allegations. The court noted the absence of evident injury, the informant's withdrawal petition, and the petitioner's clean criminal record, and therefore ordered that he be released on bail if arrested, subject to a bond and sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail is conditioned on the petitioner’s cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted despite allegations under IPC sections 341, 323, 325, 307, 379, 504 and 34.
- Whether the informant’s petition to withdraw the case influences the grant of anticipatory bail.
- Whether the lack of apparent injury and absence of criminal antecedent justify bail.
- Whether conditions under Sec. 438 Cr.P.C. and Sec. 482 BNSS, 2023 are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- IPC offences
- CrPC
- BNSS
- withdrawal of complaint
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13604 of 2026
Arising Out of PS. Case No.-273 Year-2022 Thana- SANGRAMPUR District- East
Champaran
======================================================
Afroz Ahmad Khan @ Afroz Khan S/o Firoz Khan R/o Village - Dariyapur,
P.S - Sangrampur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Teerthankar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-03-2026 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 offences punishable under Sections 341, 323,
325, 307, 379, 504 and 34 of the Indian Penal Code.
3. The allegation in the First Information Report is
that the petitioner has assaulted the informant on his head by
means of iron rod.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the present case only in
order to settle some money dispute. It has further been
submitted that as a matter of fact, no serious injury has been
caused to the informant and the bail rejection order has also
Patna High Court CR. MISC. No.13604 of 2026(2) dt.18-03-2026
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been pointed out which indicates that despite giving sufficient
time to the learned Public Prosecutor I/C to produce the case
diary, injury report and criminal antecedent, the same could not
be produced. Further submission of the petitioner is that,
subsequently, the informant herself filed a petition in the learned
Court below seeking permission to withdraw the case and the
said petition has been annexed as Annexure-P/2 to the present
application. The petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there does not seem
to be any apparent injury shown on the informant, coupled with
the fact that the informant has subsequently filed a petition for
withdrawal of the present case on account of compromise and
also considering the fact that learned counsel for the petitioner
has informed this Court that no coercive processes have been
issued against the petitioner as yet, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.13604 of 2026(2) dt.18-03-2026
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(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Sangrampur
P.S. Case No. 273 of 2022, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to
the condition that:-
(i) The petitioner shall co-operate with the
investigation, if not already concluded and make
himself available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
U T
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