Patna High Court
Md. Asif @ Md. AshifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Asif, was arrested in connection with a case alleging that he deliberately rammed a motorcycle and assaulted the riders with rods, resulting in non‑grievous injuries. He sought bail, claiming a clean antecedent and that the incident was essentially a road accident rather than a serious assault. The prosecution opposed bail, citing the charges under Sections 126(2), 115(2), 352, 109 and 3(5) of the Bharatiya Nyay Sanhita, 2023. The court examined the injury reports, noting that the wounds were minor, and considered the petitioner’s clean criminal record. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyay Sanhita, 2023.
- Whether the nature of the injuries (non‑grievous) and the petitioner’s clean antecedent justify the grant of bail.
- Whether the prosecution’s opposition provides sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- road accident
- non‑grievous injury
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24181 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- BEERPUR District- Begusarai
======================================================
Md. Asif @ Md. Ashif Son of Md. Sadre Alam @ Md. Sadu Resident of
Village and P.O.- Sarauja, P.S.- Birpur, District - Begusarai.... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Amrendra Kumar, learned counsel for the
petitioner and Mr. Amitesh Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.02.2026 in connection with Birpur P.S. Case No. 80 of 2025,
F.I.R. dated 16.04.2025 for the offences punishable under Sections
126(2), 115(2), 352, 109, 3(5) of the Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, the informant alleged
that when he and his colleague were traveling and reached near
Sarauja village Mosque, the driver of a pickup van, this petitioner
deliberately rammed into his motorcycle from behind, damaging it.
When they objected, the petitioner and other co-accused persons
attacked them with rods causing severe injuries. Thereafter, the
villagers intervened and took them to private hospital for primary
treatment and later they were admitted to P.H.C Birpur.
Patna High Court CR. MISC. No.24181 of 2026(2) dt.15-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been implicated
in the present case. From bare perusal of the FIR it appears that the
present case is simple road accident case but informant had alleged
that petitioner and other co-accused persons have assaulted him
and his colleague. Although the informant and his colleague had
received injury but the injury report of the injured persons suggest
that injury inflicted upon them is not grievous in nature. The
relevant paragraph of the impugned order describing the injuries
sustained by the injured persons is reproduced hereinbelow:
“In para 50, the injury report of the injured
Ranjeet Kumar shows a lacerated wound 1.5” x
0.5”cm on the scalp caused by hard and blunt
object. As per para 53 of the case diary, the injury
report of the injured Shashikant Kumar shows
swelling 3” x 1” inch over the left side of skull
caused by hard and blunt object.”
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances as
well as the fact that petitioner has clean antecedent and taking into
consideration the nature of the injury inflicted upon the informant,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.24181 of 2026(2) dt.15-04-2026
3/3
like amount each to the satisfaction of the learned J.M.F.C-cum-
A.M., Begusarai in connection with Birpur P.S. Case No. 80 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
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