Patna High Court

Md. AjharversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

The petitioner, Md. Ajhar, was named in an FIR alleging that he, along with other accused, assaulted an informant and her family and that a co‑accused stole earrings worth Rs. 30,000. The petitioner claimed he committed no overt act, argued that the allegations against him were vague and general, and highlighted his clean antecedent. The State opposed his anticipatory bail application. The Court examined the nature of the accusations, the modest injuries, and the petitioner’s clean record, and concluded that the allegations did not specifically implicate him. Accordingly, the Court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite being named in the FIR for offences under the Bharatiya Nyaya Sanhita.
Whether the allegations against the petitioner are sufficiently specific to deny bail.
Whether the clean antecedent and nature of injuries justify granting bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 351(2), 352, 76

Subjects

anticipatory bail
criminal procedure
assault
theft
clean antecedent
Section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28641 of 2026
                     Arising Out of PS. Case No.-59 Year-2025 Thana- RATWARA District- Madhepura
                 ======================================================
                 Md. Ajhar S/o Sadre Alam R/o vill - Muslim tola, Bargaw ward no. 5, P.S.-
                 Ratwara, Distt.- Madhepura

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 190, 191(2), 126(2),

                   115(2), 117(2), 109(1), 76, 351(2), 352 of the Bharatiya Nyaya

                   Sanhita.

                                3. As per F.I.R., on the incident day, all the named

                   accused persons, including this petitioner, armed with weapons,

                   assaulted informant and her family members. It is further

                   alleged that co-accused Ruksana Khatoon took earrings worth

                   Rs. 30,000/-

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Specific

                   accusation of assault is against other accused persons.

                   Allegation against petitioner is general and omnibus and there is
              Patna High Court CR. MISC. No.28641 of 2026(2) dt.30-04-2026
                                                          2/2




                        no allegation of any specific overt act against him. Injuries,

                        sustained by the injured are simple in nature. Rest of the

                        allegations are ornamental. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation, injuries and clean antecedent, this anticipatory bail

                        is allowed and it is ordered that let the above named petitioner

                        in the event of his arrest/surrender before the court below within

                        a period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        Judicial Magistrate, 1st Class, Udakishanganj, Madhepura in

                        connection with Ratwara P. S. Case No. 59 of 2025, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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