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Patna High Court

Ashfaq Alam @ Ashfaq @ Asfaque AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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