Patna High Court
Md. Asraf @ Ashrey HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Md. Asraf (alias Ashrey Hussain), sought anticipatory bail after eight years fearing arrest in a 2016 FIR filed under Sections 420, 467, 468, 471, 120‑B and 34 of the IPC for alleged passport fraud. The FIR arose when the petitioner gave a different name to the police while applying for a passport, and the informant Navin Kumar lodged the complaint. The petitioner argued that he has an alias, no prior criminal record, and is willing to cooperate with the police and passport authorities, having previously been released on personal bond. The State opposed the bail, contending that the petitioner provided a false name. The Court, noting the absence of criminal antecedent and the petitioner’s undertaking to cooperate, exercised its power under Section 438(2) of the CrPC to grant anticipatory bail with strict conditions. The order directs the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions regarding appearance, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses
- Whether the petitioner’s lack of prior criminal antecedent warrants bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120-B, 34, 420, 467, 468, 471
Subjects
- anticipatory bail
- alias name
- passport fraud
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15293 of 2026
Arising Out of PS. Case No.-163 Year-2016 Thana- UCHKAGAON District- Gopalganj
======================================================
Md. Asraf @ Ashrey Hussain S/O Satar Miya @ Abdul Sattar Village-
Jalaladi Tola, P.S.- Uchakagaon, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Javed Aslam
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard Mr.Javed Aslam, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending arrest in connection
with Uchakagaon P.S. Case No. 163 of 2016 instituted under
Sections 420, 467, 468, 471, 120-B/34 of the Indian Penal Code
lodged on 01.08.2016 by the informant, Navin Kumar.
3. As per the prosecution story, the informant alleged
that for issuance of a new passport, the petitioner approached
the police station but on query, despite he having name of Md.
Asraf gave the name as Ashrey Hussain. When the police asked
that the passport verification report is relating to Md. Asraf why
he has come, the disclosure was that he also have alias name.
Upon further query, he blamed the agent for the same. This led
to the FIR.
Patna High Court CR. MISC. No.15293 of 2026(2) dt.12-03-2026
2/3
4. Learned counsel for the petitioner submits that he
do have alias name but on query, he failed to give the original
name. When the FIR was lodged, he was granted bail by the
police on personal bond but now when he is apprehending arrest
after eight years, the anticipatory bail. He submits that the
petitioner is ready to cooperate with the police as also the
passport office in this regard.
5. Learned APP opposes the prayer submitting that he
gave a different name.
6. Considering the submissions of the parties as also
that he has no criminal antecedent, an undertaking has been
given that he shall be cooperating with the police as also the
passport office, in that background, this Court is inclined to
extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Uchakagaon P.S. Case
No. 163 of 2016 to the satisfaction of learned ACJM-1,
Gopalganj subject to the conditions as laid down under Section
438(2) of the Cr.P.C. as also the other conditions.
Patna High Court CR. MISC. No.15293 of 2026(2) dt.12-03-2026
3/3
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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