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Patna High Court

Md. Asgar Bawarchi @ Asgar BawarchiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Md. Asgar Bawarchi, feared arrest in connection with PS Rampur Case No. 340 of 2025, which alleged offences under several sections of the Bihar Negotiable Securities Act (B.N.S.). The prosecution alleged that the petitioner and others assaulted the victim, causing injuries. The petitioner contended that he was falsely implicated, pointed out that similarly situated co‑accused had been granted anticipatory bail by a coordinate bench, and disclosed that he had one prior criminal antecedent. The informant and the State jointly opposed the anticipatory bail application. The Court, after considering the submissions, allowed the anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 B.N.S. The order was made by Justice Sandeep Kumar on 10‑03‑2026.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Negotiable Securities Act
  • assault
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73750 of 2025
                        Arising Out of PS. Case No.-340 Year-2025 Thana- RAMPUR District- Gaya
                 ======================================================
                 Md. Asgar Bawarchi @ Asgar Bawarchi S/O Late Nusur Bawarchi @ Chamo
                 Miyan @ Yusuf Bawarchi Resident of Mohalla- Gewal Bigha, Bichli Masjid,
                 P.S.- Rampur, District- Gaya,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Manish Kumar Singh, Advocate
                 For the State              :      Mr.Ganesh Prasad Singh, APP
                 For the Informant          :      Ms. Rina Sinha, Advocate
                                                   Mr.Dhirendra Pd. Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-03-2026                          Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Rampur P.S. Case No. 340 of 2025 registered

                   for the offence under Sections 329(3), 126(2), 115(2), 118(1),

                   109(1), 308(3), 352, 351(3), 3(5) of the B.N.S.

                                    3.      As per the prosecution case, petitioner and

                   others are said to have assaulted the victim causing injuries.

                                        4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that similarly

                   situated co-accused persons have been granted anticipatory bail
              Patna High Court CR. MISC. No.73750 of 2025(3) dt.10-03-2026
                                                          2/2




                        by a Co-ordinate Bench of this Court vide order dated

                        10.12.2025 passed in Cr. Misc. No. 77099/2025. Petitioner has

                        one criminal antecedent.

                                          5. Learned counsel for the informant as well as

                        learned A.P.P. for the State have jointly opposed the prayer for

                        anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioner, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, 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 C.J.M., Gaya/

                        concerned Court below in connection with Rampur P.S. Case

                        No. 340 of 2025, subject to the conditions laid down in Section

                        438(2) of the Code of Criminal Procedure, 1973 / Section 482 of

                        the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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