Patna High Court
Md. Aasir @ Md. Aasir Ali @ Md.Asir @ Md.Asir AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and conditions.
Summary
The petitioner, Md. Aasir Ali, was named in an FIR (Chakand PS Case No. 200 of 2025) alleging assault and related offences under several sections of the Bharatiya Nyaya Sanhita, 2023. He contended that the complaint was retaliatory, arising from a prior case he filed against the informant’s family, and asserted his innocence and clean antecedents. The State opposed bail, noting the existence of both the FIR and a counter‑case. The court examined whether anticipatory bail could be granted under Section 2(1)(d) of the B.N.S.S., 2023, considering the circumstances and the balance of convenience. It held that bail was appropriate, directing the petitioner to furnish a bail bond of Rs.30,000 and comply with conditions under Section 482(2) of the B.N.S.S. The order was made subject to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 2(1)(d) of the Bharatiya Nyaya Sanhita, 2023 in view of the FIR and the counter‑case.
- Whether the circumstances justify the imposition of a bail bond and conditions under Section 482(2) of the B.N.S.S., 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 127(1), 2(1)(d), 3(5), 351(1), 352, 482(2), 74
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail bond
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22668 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Md. Aasir @ Md. Aasir Ali @ Md.Asir @ Md.Asir Ali S/o Md. Mokhtar Shah
@ Mokhtar Shah R/o Village- Mahmudabad @ Mahmmadabad Shah tola, PS-
Chakand, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shams Alam, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Chakand P.S. Case No. 200 of 2025 lodged on 12.07.2025,
for the offence punishable under Sections 127(1), 115(2),
117(2), 74, 109, 352, 351(1) & 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
three named accused persons alleging that due to guava tree, the
dispute started with the renter who are residing in the same
house due to which, the allegation has been made against three
persons that they have assaulted by lathi & danda, due to which,
family member of the informant become injured and head injury
Patna High Court CR. MISC. No.22668 of 2026(2) dt.16-04-2026
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has been caused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that it is admitted from the FIR that the informant’s side
and the petitioner’s side are residing in the same house. Counsel
submits that first of all the petitioner and his family members
lodged a case against the family members of the informant
bearing Chakand P.S. Case No. 197 of 2025 dated 11.07.2025
and when the informant’s side received information about
lodging of the said case, then to save their skin, they have also
lodged the case against the petitioner’s side on 12.07.2025
bearing Chakand P.S. Case No. 200 of 2025. Counsel further
submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that from the record, it
transpires that there are case and counter case from both the
sides.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
Patna High Court CR. MISC. No.22668 of 2026(2) dt.16-04-2026
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mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of 3rd Additional District & Sessions Judge, Gaya in
connection with Chakand P.S. Case No. 200 of 2025, subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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