Patna High Court
Sk. Ajim @ Md. AjimversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted anticipatory bail to the petitioners, finding insufficient material evidence to justify its denial.
Summary
The petitioners, three brothers from Harpurnag Tola, sought anticipatory bail fearing arrest in a case (Trial No. 1998 of 2022) stemming from a 2000 FIR that alleged they assaulted and strangled an informant, invoking IPC sections 447, 341, 323, 504 and 307/34. They contended that they were innocent, had no involvement, and were framed due to local village politics, emphasizing the absence of substantive evidence and their clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The High Court examined the FIR, the charge‑sheet, and the lack of material evidence linking the petitioners to the alleged acts, and, relying on the discretion under Section 482(2) of the CrPC, decided to grant anticipatory bail. The order directed the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to conditions, should they be arrested or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC in view of the allegations under IPC sections 447, 341, 323, 504 and 307/34.
- Whether the prosecution has produced sufficient material evidence to justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 447, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 447
- Section 341
- Section 323
- Section 504
- Section 307
- Section 34
- Section 482(2) CrPC
- political victimisation
- bail conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80284 of 2025
Arising Out of PS. Case No.-50 Year-2000 Thana- MEHSI District- East Champaran
======================================================
1. Sk. Ajim @ Md. Ajim, aged about 48 years, Gender-Male, Son of Shekh
Yanus @ Shekh Yunis @ Shekh Yunus Resident of Village- Harpurnag Tola
Bhimlapur, P.S.- Mehsi, District- East Champaran
2. Sk. Sabir @ Md. Sabir, aged about 61 years, Gender-Male, Son of Shekh
Shamsuddin, Resident of Village- Harpurnag Tola Bhimlapur, P.S.- Mehsi,
District- East Champaran.
3. Sk. Faruk @ Md. Faruk, aged about 55 years, Gender-Male, Son of Shekh
Yanus @ Shekh Yunis @ Shekh Yunus, Resident of Village- Harpurnag Tola,
Bhimlapur, P.S.- Mehsi, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Trial No. 1998 of 2022 arising out of Mehsi P.S. Case No.
50 of 2000 instituted for the offences punishable under Sections
447, 341, 323, 504 and 307/34 of the Indian Penal Code.
3. As per allegation in the FIR, all the accused persons
including these petitioners came at the house of the informant
and called him, thereafter the informant came out from his
house, then all the accused persons including the present
petitioners abused and pressed his neck and upon alarm,
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villagers arrived there and rescued him.
4. Learned counsel for the petitioners submits that
petitioners are innocent have committed no offence and have
falsely been implicated in this case merely on the basis of dirty
village politics and have no concern with the alleged offence.
He further submits that during course of investigation, no
substantive evidence has been collected by the police against
these petitioners. Petitioners have got clean antecedent as stated
in para 3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. From perusal of the FIR and the impugned order of
the learned Sessions Judge, East Champaran, Motihari dated
30.06.2025, it appears that on the basis of written report of the
informant, namely, Ramdeo Raut, FIR has been registered under
Sections 447, 341, 323 and 504/34 of the Indian Penal Code
against four co-accused persons including the present petitioners
and the allegation is of abusing and pressing the neck of the
informant. From perusal of the impugned order, the police has
submitted chargsheet of an additional offence under Section 307
of the Indian Penal Code but the has not been registered in the
said FIR but the learned Magistrate took cognizance for the
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offence punishable under Sections 307/34 of the Indian Penal
Code, so considering all these aspects of the case and
submission of learned counsel for the petitioners, I am inclined
to grant anticipatory bail to the petitioners.
7. Accordingly, let the above named three petitioners
be released on anticipatory bail, in the event of their arrest or
surrender before the trial Court within a period of six weeks
from today, on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, East
Champaran, Motihari / Successor Court in connection with
Trial No. 1998 of 2022 arising out of Mehsi P.S. Case No. 50
of 2000, subject to the conditions laid down in Section 482(2) of
the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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