Patna High Court
Md. Aftab @ Md. Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, three residents of Kabirpur, Gaya, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 352, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. They contended that they have clean antecedents and were falsely implicated by an informant who alleged that one of them assaulted the informant with the butt of a pistol and fired in the air, but no injury resulted. The State opposed the bail, arguing the seriousness of the offences. The Court examined the FIR allegations, the lack of specific charges against two petitioners, and the petitioners’ willingness to cooperate with the investigation. Considering these factors, the Court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR and their clean antecedent.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- false implication
- clean antecedent
- B.N.S. 2023
- Arms Act
- Section 482(2)
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86935 of 2025
Arising Out of PS. Case No.-74 Year-2025 Thana- Sarbahada District- Gaya
======================================================
1. Md. Aftab @ Md. Aftab Alam Son of Md. Firoz @ Mohammad Firoz
Resident of Village - Kabirpur, Police Station - Sarabhada, District - Gaya.
2. Md. Sultan Son of Md. Firoz @ Mohammad Firoz Resident of Village -
Kabirpur, Police Station - Sarabhada, District - Gaya.
3. Md. Basir @ Md. Wasir Son of Md. Firoz @ Mohammad Firoz Resident of
Village - Kabirpur, Police Station - Sarabhada, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh
For the Opposite Party/s : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 352, 3(5) of the B.N.S., 2023 and Section 27 of the
Arms Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 06.07.2025 at 7 P.M. he was returning home
from market, when accused persons intervened the petitioners
intercepted him and Bashir assaulted him by butt of pistol on
Patna High Court CR. MISC. No.86935 of 2025(2) dt.04-02-2026
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head and fired in the air and rest accused assaulted him with
lathi and danda.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that no
specific allegation of assault is alleged against petitioner no.1
and 2 though petitioner no.3 is alleged to have assaulted by butt
of pistol and even fired but then no one was injured in the firing
and the said allegation has been alleged only to give seriousness
to the case. It is also submitted that the injury suffered by the
injured has been opined to be simple in nature. It is reiterated
and submitted that petitioners are persons with clean antecedent
and are not criminals and they will not abscond rather will
cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.86935 of 2025(2) dt.04-02-2026
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(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned trial court where the
case is pending/successor court in connection with Sarabhada
P.S. Case No.74/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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