Patna High Court
Md. Asif @ DefinitversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is rejected.
Summary
The petitioner, Md. Asif, was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault, extortion, threats of death, and the forcible transfer of money from an informant. He has been in custody since 16 January 2026 and has a prior criminal antecedent, with his name appearing in a co‑accused’s confessional statement. The petitioner applied for regular bail, arguing his right to liberty, while the State opposed on grounds of the seriousness of the offences and the risk of tampering with evidence. The Court examined the nature and gravity of the allegations, the petitioner’s criminal history, and the material collected during investigation. Concluding that the offences are serious and the petitioner poses a risk, the Court declined to grant regular bail. The order emphasizes that the observations are prima facie and limited to the bail application, without prejudice to the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023 and his prior criminal antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 308(5), 318(4), 3(5), 351(2), 351(3), 352
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- assault
- extortion
- criminal antecedent
- bail application
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25063 of 2026
Arising Out of PS. Case No.-1867 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Asif @ Definit S/O Md Jawed @ Pappu R/O Village - Isopur, Petrol
Line, Police Station Phulwarisharif, District Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Prasad
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Phulwarisharif P.S. Case No. 1867 of 2025 registered for the
offence under Sections 115(2), 126(2), 318(4), 308(5), 303(2),
352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The petitioner is alleged to be one of the associates
who misbehaved with and assaulted the informant, snatched his
gold chain, threatened him with death, and participated in
extorting money from him, including facilitating the forcible
transfer of Rs. 35,000/- through a QR code. It is further alleged
that the accused persons took photographs of the informant’s
family members and forcibly recorded objectionable videos of
Patna High Court CR. MISC. No.25063 of 2026(2) dt.16-04-2026
2/2
the informant.
4. The petitioner is in custody since 16.01.2026 and
has one criminal antecedent. The name of the petitioner has
come in the confessional statement of the co-accused Md. Azad.
5. Considering the nature and gravity of the
allegations and the fact that the petitioner has been regularly
looting innocent people and has allegedly looted the informant,
which is apparent from the materials collected during the
investigation, I am not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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