Patna High Court
Md. Azhar @ Rocky @ Md. Azharuddin AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of any Section 82 process.
Summary
The petitioner, Md. Azhar, sought anticipatory bail fearing arrest in a 2016 case involving offences under Sections 147, 148, 149, 323, 325, 307, 504 and 506 of the IPC. He claimed to have a clean record and alleged that the informant falsely implicated him, noting that no arrest or Section 82 process had been initiated against him for ten years. The petitioner also relied on a prior anticipatory bail order granted to another accused (Sikki) in 2017. The State opposed the bail. The Court, after considering the submissions, ordered provisional anticipatory bail on furnishing a bail bond of Rs 10,000 with two sureties, subject to verification that no Section 82 process had been issued; if such process is later found, the bail would not be confirmed. One of the bailors was directed to be the petitioner’s father. The order was made under Section 438(2) CrPC and Section 482(2) of the Bihar Negotiable Instruments Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the alleged false implication and absence of a Section 82 process.
- Whether provisional anticipatory bail should be granted pending verification of any Section 82 process against the petitioner.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482(2), 82, 83
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 82 CrPC
- false implication
- clean antecedent
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37572 of 2026
Arising Out of PS. Case No.-388 Year-2016 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Azhar @ Rocky @ Md. Azharuddin Ali S/o Haider Sipahi R/o Village-
Madina Gali, Pathan Toli, Naya Tola, PS- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Soni Kumari, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 147, 148,
149, 323, 325, 307, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that 10 named accused persons including the petitioner
came on 10.07.2016 and started assaulting Sahil, Rockey and
Kalam. Further, when Fahim tried to make them understand,
the accused persons assualted Fahim by rod and khanti causing
injury on head and the injured was taken to the hospital.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
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allegation as alleged in the FIR, it would manifest that
allegation of assault is not specific. It is next submitted that
Sikki @ Md. Sikki had approached this Court seeking
anticipatory bail by filing Cr. Misc. No. 18253 of 2017 and the
same came to be allowed vide order dated 28.11.2017 paased by
the then learned Coordinate Bench of this Court. It is also
reiterated and submitted that petitioner is a person with clean
antecedent and the case is of the year 2016 and the instant
anticipatory bail application has been filed in the year 2026 and
in these ten years also, the petitioner was not implicated in any
other criminal case. It is submitted that petitioner was
completely unaware of his implication in the instant case by the
informant. It is further submitted that had the petitioner been
aware of his involvement in the instant case in that event he
would also have moved this Court seeking anticipatory bail like
Sikki. It is next submitted that it was only in the year 2026 that
the police came knocking the door that petitioner came to know
about his false implication in the case. It is also submitted that
even the police also did not make any endeavours to arrest the
petitioner nor process under Section 82 Cr.P.C. has been issued
against the petitioner. It is further submitted that a specific
averment to that effect that no process under Section 82 and 83
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Cr.P.C. has been issued against the petitioner, has been pleaded
at para 6 of the anticipatory bail application. It is next submitted
that if the privilege of anticipatory bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate
in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Phulwari Sharif
P.S. Case No. 388 of 2016, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. One of the bailors of the petitioner shall be his
father, namely, Haider Sipahi.
8. However, it is made clear that thereafter the learned
trial court shall verify whether process under Section 82 Cr.P.C.
has been issued against the petitioner or not and if it is found
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that process under Section 82 Cr.P.C. has been issued against the
petitioner prior to passing of this order in that event the
provisional anticipatory bail of the petitioner shall not be
confirmed but then if it is found that process under Section 82
Cr.P.C. has not been issued prior to passing of this order in that
event the provisional anticipatory bail bonds shall be confirmed
forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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