Patna High Court
Wajid AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, Wajid Ali and Ahmad Ansari, sought anticipatory bail in connection with an FIR (Daraunda PS Case No.506 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, arising from a dispute over parking that led to assault on an informant. The prosecution alleged that the petitioners, along with another accused, assaulted the informant with lathis, causing injuries. The petitioners contended that they were falsely implicated, the injuries were simple, and they were agnates of the informant, undertaking not to repeat the offence. The State opposed the bail. The Court, considering the nature of the injuries, the familial relationship, and the petitioners' undertaking, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita given the alleged offences and circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- assault
- simple injury
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- agnates
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5857 of 2026
Arising Out of PS. Case No.-506 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
1. Wajid Ali S/o Late Dosh Mohammad Resident of Village - Beldari Tola, P.S
- Daraunda, District - Siwan
2. Ahmad Ansari S/o Late Dosh Mohammad Resident of Village - Beldari Tola,
P.S - Daraunda, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Daraunda P.S. Case No.506 of 2025, F.I.R
dated 22.10.2025 registered for the offences punishable under
Sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 17.10.2025 at
about 10:00 A.M., Wajid Ali, Ahmad Ansari, and Ashiyana
Sabnam arrived at the informant’s house on a motorcycle. After
a dispute over parking the motorcycle, Wajid Ali began abusing
the informant. When she objected, Ahmad Ansari struck her
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below the left eye with a lathi. Wajid Ali allegedly instigated
others to kill her, Ashiyana Sabnam caught hold of her hand,
and the remaining co-accused assaulted her with lathis.
4. Learned counsel for the petitioners submits that the
petitioner is innocent and has falsely been implicated in the
present case and the present incident is said to have taken place
on account of a petty dispute regarding parking of motorcycle
and injuries sustained by the informant are simple in nature. It
has next been submitted that the petitioners and the informant
are agnates and as per the allegations levelled in the F.I.R.,
petitioner No.1 is the order giver and petitioner No.2 is said to
have assaulted the informant. It has further been submitted that
the petitioners undertake that they would not commit such
offence in future and would abide by the terms and conditions in
case privilege of anticipatory bail is extended in their favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the petitioners and informant are agnates and the injuries
sustained by the informant are simple in nature and the
petitioners undertake that they would not commit such offence
in future. Accordingly, this Court is inclined to grant the
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privilege of anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M. VI-Siwan, in connection with Daraunda
P.S. Case No.506 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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