Patna High Court
Md. Asif @ Md Ashif KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, five residents of Simri Bakhtiyarpur, sought anticipatory bail fearing arrest in a case (PS Case No. 556 of 2024) alleging offences under Sections 126(2), 115(2), 109, 308(3), 352 and 3(5) of the Bihar Negotiable Substances Act. The prosecution alleged that the accused assaulted an informant with lathi and danda and demanded a ransom of Rs. 2,00,000. The petitioners contended they were innocent, falsely implicated due to political rivalry, and that the allegations were vague, general and omnibus with only minor injuries proven by a doctor. The State opposed the bail, but the Court noted the lack of specific overt acts, the political backdrop, the minor nature of injuries and the petitioners' clean antecedents. Consequently, the Court granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case where the allegations are general, omnibus and lack specific overt acts
- Whether political rivalry and clean antecedents justify the grant of bail under Section 482(2) of the B.N.S.S.
Legislation cited
Subjects
- anticipatory bail
- political rivalry
- general allegations
- clean antecedents
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6129 of 2026
Arising Out of PS. Case No.-556 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
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1. Md. Asif @ Md Ashif Khan S/O Late Ishtekhar Khan R/O Village-
Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa, Bihar.
2. Md. Imran Khan @ Imran Khan S/O Late Ayub Khan R/O Village-
Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa, Bihar.
3. Md. Rashid Khan @ Rashid Khan @ Md Rashid S/O Md Imran Khan @
Imran Khan R/O Village- Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur,
Distt.- Saharsa, Bihar.
4. Md. Akbar Khan @ Md Akbar S/O Late Ishtekhar Khan R/O Village-
Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa, Bihar.
5. Kamar Khan @ Md Kamran Khan S/O Md. Imran Khan @ Imran Khan R/O
Village- Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa,
Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Amarnath Jha, Advocate
For the State : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109, 308(3), 352 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all F.I.R.
named accused persons, including these petitioners, committed
maar-peet with the informant by means of lathi and danda. It is
Patna High Court CR. MISC. No.6129 of 2026(2) dt.04-02-2026
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further alleged that the accused persons also demanded ransom
of Rs. 2,00,000/-.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case due to political rivalry. As a matter of
fact, the present case is counter-blast of Simri Bakhtiyarpur P.S.
Case No. 555 of 2024 which was lodged on 10.12.2024 by
Petitioner No. 3 against informant and others and only with a
view to save their skin from the aforesaid case, this false and
concocted case has been lodged. Moreover, allegation of assault
is general and omnibus and no specific accusation of overt act
has been alleged against these petitioners. Doctor has found the
injuries, allegedly caused by these petitioners, simple in nature.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties, nature of injuries allegedly
caused by these petitioners and clean antecedents of the
Patna High Court CR. MISC. No.6129 of 2026(2) dt.04-02-2026
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petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Saharsa in
connection with Simri Bakhtiyarpur P.S. Case No. 556 of 2024,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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