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Patna High Court

Md. Aasir @ Md. Aasir Ali @ Md.Asir @ Md.Asir AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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