Patna High Court
Ashique Raja @ Iddu HussainversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to payment of Rs 2,500 each and the stipulated conditions.
Summary
The petitioners, Ashique Raja and Asif Ekbal, applied for anticipatory bail fearing arrest in connection with Kotwa P.S. Case No. 420 of 2025, which arose from a chaotic incident after a major accident where police alleged they participated in violence, arson and obstruction. The prosecution charged them under numerous sections of the Indian Penal Code and Section 8(B) of the National Highways Act. The petitioners argued they were merely present out of curiosity, had no criminal antecedent, and offered to donate Rs 2,500 each to the Chief Minister’s Relief Fund. The State opposed, claiming they assaulted police with brick‑bat. The High Court, noting the presence of about 250 unknown persons and the lack of specific incriminating evidence against the petitioners, granted anticipatory bail subject to a payment of Rs 2,500 each and a series of conditions, including a bail bond of Rs 10,000 with sureties and regular attendance before police and the trial court.
Issues considered
- Whether anticipatory bail should be granted when the accused are alleged participants in a public disorder but no specific role is established.
- Whether the court may impose a condition of payment to a relief fund as part of anticipatory bail.
- Whether the nature of the offences alleged under the IPC and National Highways Act justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 117(2), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 285, 324(4), 326(b), 326(f), 333, 351(2), 352
- National Highways Act — s. 8(B)
Subjects
- anticipatory bail
- Indian Penal Code
- National Highways Act
- public disorder
- bail conditions
- relief fund
- East Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31321 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- KOTWA District- East Champaran
======================================================
1. Ashique Raja @ Iddu Hussain S/O Nashrullah Resident Of Village-
Gadhwa, Khajuriya, P.s.- Kotwa, Dist.- East Champaran
2. Asif Ekbal S/O Hajrat Ali Resident Of Village- Dipaau, P.s.- Kotwa, Dist.-
East Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar, Advocate
For the State : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Kotwa P.S. Case No. 420 of 2025 registered for
the offence under Sections 191(2), 191(3), 190, 126(2), 115(2),
117(2), 109(1), 132, 121(1), 121(2), 285, 326(b), 333, 324(4),
326(f), 351(2) and 352 of the B.N.S. and section 8(B) of the
National Highways Act lodged on 30.11.2025 by the informant,
Pratyush Kumar Vicky.
3. As per the prosecution story, the informant alleged
that on receiving rumour about major accident as also casualty,
the people assembled there and when the Police personnel
reached the place, found five dead bodies. As they wanted to
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take the bodies to the Sadar Hospital, Motihari, those present
not only provoked the people and created chaos, they also
attacked the Police Personnel causing injury to them. Later they
put the vehicles on fire, 43 named people were identified beside
unknonws which followed the F.I.R.
4. Learned counsel for the petitioner submits that they
have no role to play in the matter, only because of curiosity,
were present there and got implicated. Further, none have
criminal antecedent. Last submission is that without accepting
the allegation or outcome of the petition the petitioners intend to
pay Rs.2,500/- each (totaling Rs.5,000/-) by Demand Draft
issued by the local branch of the State Bank of India/any
Nationalized Bank to the Chief Minister’s Relief Fund.
5. Learned APP opposes the prayer submitting that
instead of cooperating the Police, they resorted to brick bat.
6. Considering the submissions of the parties as also
that around 250 unknown persons were there, no specific role
has been assigned to the petitioner, they do not have criminal
antecedent, in that background, this Court is inclined to extend
them the privilege of anticipatory bail subject to payment of
Rs.2,500/- each (totaling Rs.5,000/-) by Demand Draft issued
by the local branch of the State Bank of India/any Nationalized
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Bank to the Chief Minister’s Relief Fund to be submitted at the
time of execution of bail bond before the concerned court.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, First Class Sadar,
Motihari, East Champaran, in connection with Kotwa P.S. Case
No. 420 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every month for next six months to mark his
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attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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