Patna High Court
Ashfaq Alam @ Ashfaq @ Asfaque AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Petitioner Ashfaq Alam was named in an FIR alleging that he stabbed his neighbour, causing grievous injuries, and was charged under several sections of the B.N.S. He applied for anticipatory bail, claiming innocence and a petty dispute that led to mutual injuries. The State opposed the bail, emphasizing the specific accusation and the seriousness of the injuries confirmed by a doctor. The court examined the nature of the allegations and the gravity of the alleged offences. Finding the accusations specific and the injuries serious, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault and the charges under the B.N.S.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(3), 352
Subjects
- anticipatory bail
- grievous hurt
- assault
- B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84887 of 2025
Arising Out of PS. Case No.-350 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
Ashfaq Alam @ Ashfaq @ Asfaque Alam S/O Shamshad Ali R/O Village-
Nautan Harayia, P.S.- Uchakagaon, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Javed Aslam, Advocate
For the State : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109(1), 352, 351(3) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner stabbed the informant with knife causing grievous
injuries.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, both parties are next
door neighbours and due to petty dispute, simple maar-peet took
place between the parties in which both sides sustained injuries.
Patna High Court CR. MISC. No.84887 of 2025(4) dt.17-03-2026
2/2
There is case and counter-case. Petitioner claims clean
antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that he stabbed informant with
knife causing multiple injuries. Doctor has found the injuries,
sustained by the informant, grievous in nature.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and nature of
injuries allegedly caused by this petitioner, the prayer for grant
of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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