Patna High Court
Md. Afsar @ Afsar Siddaqui @ Afasar SiddhakiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to all three petitioners subject to a bail bond of Rs 10,000 and two sureties each.
Summary
The petitioners, three residents of Samastipur, applied for anticipatory bail fearing arrest in a case (PS Case No. 411 of 2024) registered under sections 126(2), 115(2), 118(1), 117(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that a dispute over parking of a loaded commercial vehicle led the accused to assault the informant with an iron rod, causing injuries, of which only petitioner No. 3 is said to have caused a grievous injury to a non‑vital part of the body. The petitioners contend they have been falsely implicated, the dispute was trivial, they have no criminal antecedent and are willing to cooperate with the investigation. The State opposed the bail. After hearing both sides, the court noted the limited nature of the injury, the lack of prior record and the trivial background, and ordered that all three petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties each, within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the accused under the provisions of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault and injuries.
- Whether the nature and severity of the injury (grievous but on a non‑vital part) justify denial of bail.
- Whether the petitioners' clean criminal record and willingness to cooperate warrant bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 118(1), 126(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3885 of 2026
Arising Out of PS. Case No.-411 Year-2024 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Md. Afsar @ Afsar Siddaqui @ Afasar Siddhaki Son of Md. Kamrool @
Md. Kamrul Resident of village- Bhuindhara Police Station- Samastipur,
Muffasil, District- Samastipur
2. Md. Kamrool @ Md. Kamrul Son of Late Md. Jahir Uddin Resident of
village- Bhuindhara Police Station- Samastipur, Muffasil, District-
Samastipur
3. Santosh Das @ Santosh Kumar @ Santosh Kumar Das Son of Tilak Das
Resident of village- Musapur, Police Station- Samastipur Muffasil, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Samastipur Muffasil P.S. Case no. 411 of 2024 registered
under sections 126(2), 115(2), 118(1), 117(2), 352 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.3885 of 2026(2) dt.28-01-2026
2/3
3. As per the prosecution case, the informant states
that over a dispute relating to parking of a loaded commercial
vehicle and giving passage, the three accused persons assaulted
the informant with an iron rod leading to injuries.
4. It is submitted by learned counsel for the petitioners
that the petitioners have been falsely implicated in the case.
From the contents of the FIR itself, it would transpire that the
dispute was of a trivial nature. So far as the injury on the
informant is concerned, the only injury on the shoulder and
wrist has been found to be grievous in nature which is
attributable to petitioner no. 3 only. Even this assault is on a
non-vital part of the body. The petitioners have no criminal
antecedent and undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the F.I.R., the only injury found to be grievous in nature being
on non-vital part of the body together with the petitioners not
having any criminal antecedent, it is directed that all the three
petitioners above named, in the event of their arrest or surrender
before the learned Court below within a period of four weeks,
Patna High Court CR. MISC. No.3885 of 2026(2) dt.28-01-2026
3/3
be released on anticipatory bail in connection with Samastipur
Muffasil P.S. Case no. 411 of 2024 on each of them furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to satisfaction of the learned
Additional Chief Judicial Magistrate-II, Samastipur.
(Partha Sarthy, J)
sauravkrsinha/-
U T
Checking your session…