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Patna High Court

Md Ajaz Khan @ Mo Ajaz Kha @ Md. Eraj KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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