Patna High Court
Firoz Ali @ Firoz @ Phiroj Ali @ Md. PhirojversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
Petitioner Firoz Ali was arrested in a case (PS Bheldi Case No. 113 of 2020) alleging assault with an iron rod on the son of an informant, invoking IPC sections 448, 341, 323, 325, 307 and 504/34. The petitioner claimed innocence, asserted that the injury was simple, and highlighted his clean antecedent. The State opposed his bail application. The Patna High Court, after considering the nature of the accusations, the extent of injury and the petitioner’s clean record, granted anticipatory bail. The order directed that, upon arrest or surrender within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the IPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 307, 323, 325, 34, 341, 448, 504
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- bail conditions
- clean antecedent
- criminal law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5173 of 2026
Arising Out of PS. Case No.-113 Year-2020 Thana- BHELDI District- Saran
======================================================
Firoz Ali @ Firoz @ Phiroj Ali @ Md. Phiroj S/o Sri Md. Vakil R/o Village -
Barua, P.S - Dighwara, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Roy, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 448, 341, 323, 325, 307,
504/34 of the Indian Penal Code.
3. As per F.I.R., this petitioner assaulted on the head
of the son of informant with iron rod.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by this petitioner is simple in nature. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation, injury and clean
antecedent, this anticipatory bail is allowed and it is ordered that
Patna High Court CR. MISC. No.5173 of 2026(2) dt.03-02-2026
2/2
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, 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 Judicial Magistrate, 1st Class,
Chapra in connection with Bheldi P. S. Case No. 113 of 2020,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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