Patna High Court
Md. AijajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail.
Summary
The petitioner, Md. Aijaj, applied for pre‑arrest bail in a case (PS No. 87 of 2025) alleging kidnapping, assault, and attempted outrage of modesty, with charges under several sections of the BNS. He claimed innocence, asserting that the specific allegation against him – that he fired a weapon – lacks any physical evidence such as cartridges or firing marks. The State opposed the bail, but the court noted the absence of corroborative material and held that the petitioner had made out a prima facie case for bail. Consequently, the court ordered his release on pre‑arrest bail upon surrender to the District Court with a bail bond of Rs.10,000 and two sureties, subject to Section 482(2) of the BNSS. The court also directed verification of any prior criminal antecedents, after which the bail order would lapse if any undisclosed case is found.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the charges.
- Whether the prosecution has established prima facie evidence linking the petitioner to the alleged firing.
- Whether the conditions under Section 482(2) of the BNSS are satisfied for granting bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- pre‑arrest bail
- kidnapping
- assault
- false implication
- bail bond
- sureties
- Section 482
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15126 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- BHEJA District- Madhubani
======================================================
Md. Aijaj, Male, aged about 22 Years, S/O Md. Farikuddin, R/O - Bheja, P.S -
Bheja, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard Mr. Arvind Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Nand Kumar, learned APP
for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bheja P.S. Case No. 87 of 2025, registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 76, 109,
303(2), 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, on
23.06.2025, while the informant was returning home from
market along with her cousin brother Md. Aftab, petitioner
along with other accused persons had tried to kidnap her. When
her cousin brother Md. Aftab came to save her, they had
assaulted him by means of lathi, danda and but of the pistol and
had also tried to outrage the modesty of the informant.
Patna High Court CR. MISC. No.15126 of 2026(2) dt.25-03-2026
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4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and have falsely
been implicated in the present case. He further submitted that
petitioner is neighbour of the informant and due to enmity, he
has been made accused in the present case, though, he has
nowhere concerned with the alleged incidence. The specific
allegation against the petitioner is that he had opened fire in the
air, however, neither any empty cartridge nor any mark of firing
has been found or seized from the alleged place of occurrence.
On these grounds, petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, I have perused the allegation made in
the FIR and the impugned order, I find that specific allegation
against the petitioner is that he had opened fire in the air,
however, neither any empty cartridge nor any mark of firing has
been found or seized from the alleged place of occurrence. I am
of the opinion that petitioner has, prima facie, made out a case
to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
Patna High Court CR. MISC. No.15126 of 2026(2) dt.25-03-2026
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released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Bheja P.S. Case No. 87 of
2025, subject to the condition as laid down under Section 482(2)
of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
9. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
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