Patna High Court
Afroj @ Md. AfrozversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail was denied as the FIR contains a direct and specific allegation against the petitioner.
Summary
The petitioner, Afroz, sought anticipatory bail in a murder case (Sections 302/34 IPC) arising from FIR No. 331 of 2021, alleging that he and others assaulted a woman’s aunt with an iron rod, leading to her death. The prosecution presented a direct allegation that the petitioner inflicted the fatal blow, while the petitioner claimed a clean antecedent and that the charges were fabricated. The learned Additional Public Prosecutor opposed bail, emphasizing the specific accusation against the petitioner. The court examined the FIR and found the allegations sufficiently specific to warrant denial of anticipatory bail. Consequently, the court refused the petitioner's prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the specific allegations in the FIR.
- Whether the presence of a direct allegation of involvement in the murder justifies denial of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- IPC 302
- IPC 34
- bail denial
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4224 of 2026
Arising Out of PS. Case No.-331 Year-2021 Thana- CHAKIA District- East Champaran
======================================================
Afroj @ Md. Afroz Son of Hamid Miya @ Md. Hamid R/o Village -
Mohamadpur, Maksudan, P.S. - Saheb Ganj, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Amit Kumar, learned counsel for the
petitioner and Md. Ataur Rahman, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Chakiya P.S. Case No. 331 of 2021, F.I.R. dated
17.10.2021 for the offences punishable under Sections 302/34 of
the Indian Penal Code.
3. According to prosecution case, the informant
alleged that the petitioner along with other accused persons tried
to forcibly make physical relationship with her aunt, namely,
Mila Khatun and when she protested, the accused persons
assaulted her by means of iron rod due to which she sustained
injury and later on died during treatment.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.4224 of 2026(2) dt.06-02-2026
2/2
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the F.I.R
and he has been made accused merely on the basis of suspicion.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that from bare perusal of the FIR it appears that there is
direct and specific allegation against the petitioner that he
inflicted iron rod blow upon informant’s aunt and she died
during the course of treatment.
6. Considering the aforesaid facts and circumstances
and the fact that there is direct and specific allegation against
the petitioner, I am not inclined to grant the privilege of
anticipatory bail to the petitioner in connection with Chakiya
P.S. Case No. 331 of 2021 pending in the court of Chief Judicial
Magistrate, East Champaran, Motihari.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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