Patna High Court
Md. Afajal @ Asraf @ Md. AsrafversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PARTHA SARTHY
Holding
The court denied anticipatory bail to petitioner 1 but granted anticipatory bail to petitioners 2 and 3 subject to surrender and bond conditions.
Summary
The petitioners, three brothers from Madhubani, applied for anticipatory bail in connection with a criminal case (PS Case No. 290 of 2025) alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault with a sword causing grievous injury. The prosecution alleged that the accused were armed and that Md. Afajal struck an informant with a sword, resulting in serious injuries. The petitioners contended they were falsely implicated, highlighted a two‑day delay in filing the FIR, claimed no prior criminal record, and asserted that the matter had been compromised. The court, after hearing counsel, refused anticipatory bail to petitioner 1 (Md. Afajal) due to the seriousness of the injury, directing him to surrender within four weeks. Conversely, the court granted anticipatory bail to petitioners 2 (Md. Asharaf) and 3 (Md. Yusuf) on condition of surrender, a bail bond of Rs.10,000 and two sureties each.
Issues considered
- Whether anticipatory bail should be granted to petitioner 1 despite alleged grievous assault
- Whether anticipatory bail should be granted to petitioners 2 and 3 given the same set of charges
- Whether the delay in lodging the FIR and claim of false implication affect bail eligibility
- Whether a compromise between parties can justify anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2)(3), 352, 76
Subjects
- anticipatory bail
- grievous injury
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3702 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- RAJNAGAR District- Madhubani
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1. Md. Afajal @ Asraf @ Md. Asraf Son of Md. Yusuf
2. Md. Asharaf @ Ashique Son of Md. Yusuf
3. Md. Yusuf Son of Md. Harun
All Resident of Village- Kijiyana, P.S.- Rajnagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail
apprehending their arrest in connection with Rajnagar P.S. Case
no.290 of 2025 (G.R. no.1671 of 2025) registered for the
offence punishable under sections 126(2), 115(2), 76, 303(2),
109(1), 352, 351(2)(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, it is stated that all
the accused persons came variously armed with sword, iron rod,
spear etc. On the orders of Md. Yusuf, Md. Afajal is said to have
assaulted the informant with a sword causing grievous injuries.
Patna High Court CR. MISC. No.3702 of 2026(2) dt.28-01-2026
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4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. There is
an inordinate delay of two days in lodging of the FIR. There is
no allegation of repetition of blow. The petitioners have no
criminal antecedent. The manner of occurrence is other than
what has been narrated in the FIR. The matter has been
compromised between the parties. The petitioners undertake to
cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner
no.1 Md. Afajal @ Asraf @ Md. Asraf of having struck with a
sword on the head of the informant together with the
corresponding injury having been found which in the opinion of
the doctor is grievous in nature, the Court is not inclined to
enlarge the petitioner no.1 Md. Afajal @ Asraf @ Md. Asraf on
anticipatory bail and the application is rejected.
7. The petitioner no.1 is directed to surrender in the
learned Court below within a period of four weeks.
8. In the facts of the case, it is directed that the
petitioner no.2 namely Md. Asharaf @ Ashique and the
Patna High Court CR. MISC. No.3702 of 2026(2) dt.28-01-2026
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petitioner no.3 namely Md. Yusuf, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with
Rajnagar P.S. Case no.290 of 2025 (G.R. no.1671 of 2025) on
each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate,
Madhubani.
(Partha Sarthy, J)
Saurabh/-
U T
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