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Patna High Court

Shahid Afridi @ Md. Shahid Afridi @ Afridi @ Md. ShahidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Shahid Afridi was arrested on 14 September 2025 in connection with a case involving alleged assault on the brother of an informant, as detailed in FIR dated 29 June 2025. The petitioner claimed he was falsely implicated, arguing that the FIR contained only a generic allegation against all accused and that no specific act was attributed to him. He highlighted that co‑accused individuals had already been granted bail by coordinate benches of the same court. The State opposed bail, noting that the petitioner had four other pending cases, though he was on bail in those matters. After considering the circumstances, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the charges and his pending criminal cases
  • Whether the lack of specific allegations against the petitioner in the FIR warrants bail

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 126(2), 190, 191(3), 192(2), 3(5), 352

Subjects

  • bail
  • assault
  • IPC sections
  • false implication
  • criminal antecedent
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30791 of 2026
                    Arising Out of PS. Case No.-309 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Shahid Afridi @ Md. Shahid Afridi @ Afridi @ Md. Shahid S/o Aalam @
                 Kamaruddin @ Md. Kamruddin R/o vill - New Area, Raja Bagicha, P.S.-
                 Rafiganj, Distt.- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :       Mr. Ashok Kumar Singh, Advocate
                 For the State               :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                     Heard Mr. Ashok Kumar Singh, learned counsel for

                   the petitioner and Mr. Ram Priya Sharan Singh, learned APP for

                   the State.

                                  2. Petitioner seeks bail, who is in custody since

                   14.09.2025,          in       connection    with    Sessions        Trial    No.

                   43/2026/44/2026 arising out of Rafiganj P.S. Case No. 309 of

                   2025, F.I.R. dated 29.06.2025 registered for the offences

                   punishable under Sections 192(2), 191(3), 190, 126(2), 115(2),

                   109(1), 352, 3(5) of B.N.S.

                                  3. Allegation against the petitioner is that he along

                   with other accused persons assaulted the brother of the

                   informant namely, Mantu @ Narendra Kumar with a rod due to

                   which he sustained injury.
Patna High Court CR. MISC. No.30791 of 2026(2) dt.06-05-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. He further submits that it appears from the F.I.R.

          that although the petitioner is named in the F.I.R. but from

          perusal of the F.I.R. it appears that there is no specific allegation

          of any assault or overt act attributed against the petitioner rather

          there is general and omnibus allegation against all the accused

          persons including the petitioner and during investigation the

          injured person, namely, Mantu @ Narendra Kumar was

          examined and he has stated that co-accused person, namely,

          Dara @ Rakesh has assaulted him. He further submits that co-

          accused person, namely Mukesh Kumar has been granted bail

          by a Coordinate Bench of this Court vide order dated

          08.10.2025 passed in Cr. Misc. No. 69777 of 2025, another co-

          accused person, namely Raushan Kumar has been granted bail

          by a Coordinate Bench of this Court vide order dated

          01.12.2025 passed in Cr. Misc. No. 80243 of 2025, another co-

          accused person, namely Rakesh Kumar @ Dara Yadav @ Dara

          has been granted bail by a Coordinate Bench of this Court vide

          order dated 17.02.2026 passed in Cr. Misc. No. 9505 of 2026,

          respectively.        He further submits that the police after

          investigation submitted chargesheet against the petitioner and
Patna High Court CR. MISC. No.30791 of 2026(2) dt.06-05-2026
                                            3/4




          the petitioner is in custody since 14.09.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries four more cases

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matters.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned        Additional Sessions Judge-IV, Aurangabad in

          connection with Sessions Trial No. 43/2026/44/2026 arising out

          of Rafiganj P.S. Case No. 309 of 2025, subject to the following

          conditions :-

                       (1) 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.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move
               Patna High Court CR. MISC. No.30791 of 2026(2) dt.06-05-2026
                                                           4/4




                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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