Patna High Court
Asfaq Ahmad @ Ashafi @ Ashfaque AhmadversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
Petitioners 2 and 3 are entitled to anticipatory bail under Section 482(2) of the B.N.S., while petitioner 1 is not granted anticipatory bail.
Summary
The petitioners, three residents of Muzaffarpur and Patna districts, filed an application for pre‑arrest (anticipatory) bail in connection with FIR No. 264 of 2025 registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023. They contended that they were falsely implicated, that there exists a case‑and‑counter‑case with the informant, and that petitioners 2 and 3 have clean antecedents. The State opposed the bail. The High Court observed that no specific allegation was made against petitioners 2 and 3 and, on a prima facie basis, granted them anticipatory bail subject to a bond of Rs 10,000 with two sureties and verification of criminal antecedents. The Court declined to grant anticipatory bail to petitioner 1, directing him to seek regular bail. The order directed the District Court to pass the bail order within four weeks and the application was disposed of.
Issues considered
- Whether petitioners 2 and 3 are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 despite the FIR allegations
- Whether anticipatory bail can be denied to petitioner 1 on the basis of specific allegations against him
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 324(4), 324(5), 329(4), 3(5), 351(2), 351(3), 352, 482(2), 74
Subjects
- anticipatory bail
- pre‑arrest bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- clean antecedent
- case and counter case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87162 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- KAJI MUHAMMADPUR District-
Muzaffarpur
======================================================
1. Asfaq Ahmad @ Ashafi @ Ashfaque Ahmad son of Safi Ahmad Resident Of
Village- Madhopur Susta Back Of Aman Tvs Showroom, Ps- Maniyari,
District- Muzaffarpur
2. Ehtesham Hussain @ Guddu son of Syed Shah Israr Hussain Resident Of
Village- Dargah Shah Arja, Ps- sultanganj, Dist- Patna
3. Syed Shakil Hussain @ S.M. Shakil Son of Syed Shah Israr Hussain
Resident Of Village- Dargah Shah Arja, Ps- sultanganj, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Sunil Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Nitya Nand Tiwary, learned
APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection
with Kazimohammadpur P.S. Case No. 264 of 2025 registered
under Sections 329(4), 126(2), 115(2), 109, 324(4), 324(5), 74,
303(2), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya
Sanhita (BNS), 2023.
3. As per the allegation made in the FIR, all the
accused persons, including the petitioners, assaulted the
informant and his family members, causing injuries to them.
Patna High Court CR. MISC. No.87162 of 2025(2) dt.28-01-2026
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4. Learned counsel appearing on behalf of petitioner
submitted that the petitioners are innocent and have falsely been
implicated in the present case. There is case and counter case
between the parties arising out of the same incidence. He further
submitted that a general and omnibus allegation has been
levelled against the petitioners. The petitioners, in their self-
defense, may have caused some injuries on the person of the
informant, without intention. The petitioner have clean
antecedent. On these grounds, the petitioners seek to be released
on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the FIR, and the
fact that there is case and counter case between the parties, I
find that there is no specific allegation against the petitioner
nos.2 and 3 and as such, I am of the opinion that the petitioner
nos.2 and 3, having clean antecedent, have, prima facie, made
out a case to be released on pre-arrest bail.
7. The learned District Court is directed to release the
petitioner nos.2 and 3 on anticipatory bail, in the event of their
arrest or surrender before the learned District Court within a
Patna High Court CR. MISC. No.87162 of 2025(2) dt.28-01-2026
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period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each, to the satisfaction of learned District Court where the case
is pending in connection with Kazimohammadpur P.S. Case No.
264 of 2025, subject to the condition as laid down under Section
482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner nos.2 and 3, as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners, as what has been stated in
paragraph no. 3, this order will lose its force automatically.
9. So far as, the petitioner no.1 is concerned, in
view of the direct allegation levelled against him, I am not
inclined to enlarge the petitioner no.1 on pre-arrest bail.
10. The petitioner no.1, if so advised, may seek
regular bail before the learned District Court. The learned
District Court is directed to pass a necessary order, in
accordance with law, on the basis of materials available on
record, on the same day, the bail application is filed, without
any further delay and without being prejudiced by any
observation made by this Court.
11. Accordingly, the present application stands
Patna High Court CR. MISC. No.87162 of 2025(2) dt.28-01-2026
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disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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