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Patna High Court

Md. Irfan @ Chhotu @ IrfanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is appropriate where the allegations are vague, injuries are minor, and parity with co‑accused exists, subject to Section 482(2) conditions.

Summary

The petitioner, Md. Irfan, feared arrest in a case registered under multiple sections of the B.N.S. for an alleged assault on an informant and his family on 06‑07‑2025. He contended that the accusation was vague, no specific overt act was attributed to him, and the injuries were minor. He also pointed out that co‑accused persons had already been granted anticipatory bail in a similar case. The State and the informant opposed the bail, arguing the seriousness of the offences. Considering the general nature of the charge, the minor injuries, and the principle of parity with co‑accused, the Court allowed anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties within eight weeks, subject to Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the general and omnibus nature of the accusation
  • Whether the petitioner’s claim of parity with co‑accused who were granted bail is sufficient ground for relief

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 308(3), 329(3), 3(5), 351(3), 352, 482(2)

Subjects

  • anticipatory bail
  • general accusation
  • parity
  • Section 482
  • criminal procedure
  • assault
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4897 of 2026
                        Arising Out of PS. Case No.-340 Year-2025 Thana- RAMPUR District- Gaya
                 ======================================================
                 Md. Irfan @ Chhotu @ Irfan Son of Asgar Bawarchi Resident of Mohalla -
                 Gewal Bigha, Bichli Masjid, P.S.- Rampur, District- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Manish Kumar No. 1, Advocate
                                                  Mr. Gajendra Kumar Singh , Advocate
                 For the State           :        Mr. Nawal Kishore Prasad, APP
                 For the Informant       :        Ms. Rina Sinha, Advocate
                                                  Mr. Dhurendra Pd. Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 329(3),

                   126(2), 115(2), 118(1), 109(1), 308(3), 352, 351(3) and 3(5) of

                   the B.N.S..

                                3. As per prosecution case, it is alleged that on

                   06.07.2025, all the F.I.R. named accused persons, including this

                   petitioner, assaulted informant and his family members.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.4897 of 2026(2) dt.11-02-2026
                                            2/3




          committed no offence. Allegation of assault is general and

          omnibus and no specific accusation of overt act has been alleged

          against this petitioner. Doctor has found the injuries, allegedly

          caused by this petitioner, simple in nature. It is further submitted

          that similarly situated co-accused persons have already been

          granted the privilege of anticipatory bail by this Hon’ble Court

          vide order dated 10.12.2025 passed in Cr. Misc. No. 77099 of

          2025.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, nature of

          injuries sustained by the injured and claim based on parity, the

          prayer for grant of anticipatory bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Gaya in connection with Rampur P.S. Case No. 340 of 2025,

          subject to condition as laid down under Section 482(2) of the
             Patna High Court CR. MISC. No.4897 of 2026(2) dt.11-02-2026
                                                         3/3




                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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