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Patna High Court

Md. AijajversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                          3/3




                        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/-

U         T


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