Md Asique @ AshiqueversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5901 of 2026
                   Arising Out of PS. Case No.-125 Year-2025 Thana- PAHARKATTA District- Kishanganj
                 ======================================================
           1.     Md Asique @ Ashique Son of Mainuddin R/o Village - Haikalbari, PS. -
                  Paharkatta, District - Kishanganj.
           2.    Ahsan Raza @ Ahsan Son of Babul @ Md. Babul Hussain R/o Village -
                 Haikalbari, PS. - Paharkatta, District - Kishanganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Ranjan
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam
                 ======================================================
                 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 Paharkatta P.S. Case No.125 of 2025, F.I.R

                   dated 22.1.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 74, 109(1), 352, 351(2), 303(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3.     According to prosecution case, on 21.10.2025,

                   Rajik Alam and Tanzinul were selling intoxicating substances in

                   the village and assaulted him when he objected. On 22.10.2025,

                   the two accused along with the petitioners allegedly came to his

                   house, abused and assaulted him, and also assaulted his wife
Patna High Court CR. MISC. No.5901 of 2026(3) dt.24-02-2026
                                            2/4




          when she intervened, tearing her clothes, snatching her silver

          chain and nose ring, and threatening them. Subsequently, while

          the informant was going to the police station to report the

          incident, the accused allegedly intercepted him near Khankah

          Chowk. He took shelter in the sweet shop of Sanju Sah, but all

          the accused, including the petitioners, allegedly assaulted him

          with intent to kill, and co-accused Sanju Sah poured hot oil on

          his body.

                      4. Learned counsel for the petitioners submits that the

          petitioners have been falsely implicated in the present case and

          accused persons, namely, Rajik Alam and Tanzinul are already

          under judicial custody and the only allegation with respect to the

          petitioner No.1 is of having pointed a knife on the belly of the

          informant and snatching and with respect to petitioner No.2, the

          allegations are general and omnibus in nature. It has further

          been submitted that the petitioners have clean antecedent and

          were neither arrested from the spot nor was anything recovered

          from their constructive possession.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that only allegation with respect to the petitioner No.1 is of
Patna High Court CR. MISC. No.5901 of 2026(3) dt.24-02-2026
                                            3/4




          having pointed a knife on the belly of the informant but no

          injury caused and with respect to petitioner No.2, the allegations

          are general and omnibus in nature and the accused persons who

          had injured the informant and his family members have already

          been taken taken into judicial custody and the petitioners have

          clean antecedent. Accordingly, this Court is inclined to grant the

          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 Chief Judicial Magistrate, Kishanganj, in connection

          with Paharkatta P.S. Case No.125 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
           Patna High Court CR. MISC. No.5901 of 2026(3) dt.24-02-2026
                                                       4/4




                     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;

                                  (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