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Patna High Court

Md. Azhar @ Rocky @ Md. Azharuddin AliversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.37572 of 2026(2) dt.22-06-2026
                                            2/4




          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
Patna High Court CR. MISC. No.37572 of 2026(2) dt.22-06-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.37572 of 2026(2) dt.22-06-2026
                                                       4/4




                     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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