Patna High Court
Shahid Afridi @ Md. Shahid Afridi @ Afridi @ Md. ShahidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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//-
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