Patna High Court
Md. Irfan @ Chhotu @ IrfanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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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