Patna High Court
Md Afsar @ Md IrshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bail bonds, sureties and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Md Afsar and Md Aalamgir, applied for anticipatory bail fearing arrest in a case registered under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2) and 352 of the BNS, 2023, arising from a dispute during a Tazia procession that allegedly led to assault on the informant's children. The petitioners contended that the FIR contains a general, omnibus allegation of assault, that they have been falsely implicated, and that they will cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court noted the vague nature of the allegations and, subject to Section 482(2) of the BNSS, granted anticipatory bail on the condition of furnishing bail bonds and sureties, with a provision for cancellation if they fail to cooperate. The order directed the trial court to enforce the bail conditions and to inform the police station.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple assault offences under the BNS, 2023.
- Whether the general and omnibus nature of the FIR allegations justifies bail.
- Whether the petitioners' willingness to cooperate satisfies the requirements under Section 482(2) of the BNSS.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 352
Subjects
- anticipatory bail
- assault
- general omnibus allegation
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67847 of 2025
Arising Out of PS. Case No.-118 Year-2025 Thana- SAKRI District- Madhubani
======================================================
1. Md Afsar @ Md Irshad Son of Late Md. Jahagir @ Md. Jahangir R/o Village
- Mohan Badhiyan, P.S. - Sakri, Dist. - Madhubani.
2. Md. Aalamgir @ Munna Son of Late Md. Jaki @ Md. Jaki Hasan R/o
Village - Mohan Badhiyan, P.S. - Sakri, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 118(1), 109, 303(2) and 352 of the BNS,
2023.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases and petitioner no. 2
is a person with clean antecedent and the informant alleges that
children of his family had joined Tazia procession when
petitioner no. 1 assaulted his son Noor Alam by lathi on account
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of which a stampede occurred, but the matter was pacified, next
alleges that on 07.07.2025 his children were sitting at the shop
of his nephew and informant was coming back after having tea,
when 9 named accused persons including the petitioners came
variously armed and assaulted his children, on intervention of
police, the matter was pacified and 9 injured were brought to the
hospital.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that on account of dispute
which had arisen in Tazia procession, the occurrence is alleged
to have taken place. It is further submitted that from perusal of
the allegation as alleged in the FIR, it would manifest that the
informant alleges that accused persons came and assaulted his
children causing injury to nine persons, but then allegation of
assault is general and omnibus in nature, it is fairly submitted
that three injured received grievous injuries while rest of the
injured suffered simple injury. It is also submitted that from side
of the petitioners Sakri P.S. Case No. 119 of 2025 has been
instituted against the informant and his side and people from the
side of the petitioners also suffered injury on account of assault.
It is next submitted that petitioners will not abscond rather will
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cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners and taking into consideration the fact
that allegation of assault is general and omnibus in nature, the
petitioners above-named, in the event of their arrest or surrender
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty Five Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Sakri P.S. Case No. 118 of 2025 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioners despite
giving assurance to this Court are not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioners.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
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9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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