Patna High Court
Md Ajaz Khan @ Mo Ajaz Kha @ Md. Eraj KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Md Ajaz Khan, sought anticipatory bail in connection with a criminal case (PS Case No.142 of 2025) alleging offences under several sections of the Bharatiya Nagarik Suraksha Sanhita. The prosecution alleged that during Muharram, a group of accused, including the petitioner, attacked an informant with sharp weapons. The petitioner contended he was falsely implicated, noting that the FIR was lodged seven days after the incident and contained only a general, omnibus allegation without specific reference to his involvement. The State opposed the anticipatory bail. The Court, observing the delay in filing the FIR and the lack of specific allegations against the petitioner, granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, requiring a bail bond of Rs.10,000 with two sureties and surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the delay in filing the FIR and the general nature of the allegations.
- Whether the lack of specific allegation against the petitioner justifies the grant of anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- FIR delay
- general allegation
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1514 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Md Ajaz Khan @ Mo Ajaz Kha @ Md. Eraj Khan Son of Samsul Hasan Khan
@ Shamsul Hasan Resident of village-Kanhauli Ward No.-02, Police Station-
Mohiuddinnagar District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Adv.
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Mohiuddin Nagar P.S. Case No.142 of 2025 registered for
the offence under Sections 115(2), 126(2), 118(1), 109(1),
117(2), 351(2), 352, 3(5) of the Bharatiya Nagarik Suraksha
Sanhita.
3. As per prosecution case, on the occasion of
Muharam, many people were present, in the meantime all the
accused persons including the petitioner have come various
arms and attacked the informant and his family members with
sharp weapon and injured the informant and unconscious.
Accordingly, the FIR.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.1514 of 2026(2) dt.28-01-2026
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petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner further summits that the FIR has been lodged after
seven days of the date of occurrence without any plausible
explanation and there is general and omnibus allegation against
the accused persons, without being any specific allegation of
assault against the petitioner.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the FIR has been lodged
after seven days of the date of occurrence without any plausible
explanation and also taking into account the fact that there is
general and omnibus allegation against the accused persons,
without there being any specific allegation of assault against the
petitioner, this Court is inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/0 (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sub-Divisional
Patna High Court CR. MISC. No.1514 of 2026(2) dt.28-01-2026
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Judicial Magistrate, Patory, Samastipur in connection with
Mohiuddin Nagar P.S. Case No.142 of 2025, subject to the
conditions laid down under Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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