Patna High Court
Afzal @ Mohammad AfzalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the absence of evidence that he assaulted the S.I., anticipatory bail under Section 482(2) of the B.N.S.S. was warranted.
Summary
The petitioner, Afzal, was implicated in a case involving multiple offences under the B.N.S., 2023 after being identified in video footage of a ruckus caused by villagers following a fatal accident. He contended that he was merely present out of curiosity and not involved in assaulting the Sub‑Inspector, asserting that the informant’s allegations were false and that he has a clean antecedent. The State opposed his anticipatory bail application. The court considered the petitioner’s clean record, the lack of direct evidence linking him to the alleged assault, and the circumstances of his identification from the video. It ordered that, if arrested or surrendered within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S. The anticipatory bail application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the allegations and identification from video footage.
- Whether identification in video footage without evidence of assault constitutes sufficient ground for arrest.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 121(1), 125, 126(2), 132, 191(2), 191(3), 351(2), 352
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- video evidence
- false implication
- clean antecedent
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86367 of 2025
Arising Out of PS. Case No.-189 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Afzal @ Mohammad Afzal S/o Nizamuddin Resident of Village- Harpurnag,
P.S.- Mehsi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.Iii, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 126(2), 115(2), 132, 125, 109, 121(1), 352 and 351(2) of
B.N.S., 2023.
3. Learned counsel appearing on behalf of the
petitioner submits that petitioner is a person with clean
antecedent and the informant alleges that a woman died on
account of an accident committed by an unknown car, as such,
accused persons started creating ruckus and jammed the N.H.,
accordingly, the police force reached when the accused persons
assaulted the S.I. who was injured but the situation was brought
under control, further the accused persons including the
Patna High Court CR. MISC. No.86367 of 2025(2) dt.18-02-2026
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petitioner were identified by Chowkidar and local representative
from the video footage.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is next submitted that no
doubt the petitioner came to be identified based on video
footage but then the petitioner lives adjacent to the place of
occurrence and when ruckus was being created by the villagers,
the petitioner out of inquisitiveness came to the place of
occurrence and thus was videographed. It is next submitted that
it is not the case of the prosecution that petitioner in the video
footage was found assaulting the S.I.
5. The learned APP for the State opposes the
anticipatory bail application.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact
that petitioner is a person with clean antecedent, let petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/Successor Court
Patna High Court CR. MISC. No.86367 of 2025(2) dt.18-02-2026
3/3
in connection with Chakia P.S. Case No. 189 of 2025, subject to
the conditions as laid down under Section 482(2) of the B.N.S.S.
7. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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