Patna High Court
Md. Asgar Bawarchi @ Asgar BawarchiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Securities Act — s. 109(1), 115(2), 118(1), 126(2), 308(3), 329(3), 3(5), 351(3), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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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