Patna High Court

Md. AfridiversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail was denied as the petitioner was named in the FIR and prima facie evidence of stone‑pelting was established.

Summary

The petitioner, Md. Afridi, applied for anticipatory bail after being named in an FIR for alleged stone‑pelting during a religious gathering. The FIR was based on information from co‑accused persons who named her, and the police recovered a large quantity of stones near the temple. The petitioner argued she was falsely implicated, had no criminal record, and that other co‑accused had been granted regular bail. The court noted that the petitioner was specifically mentioned in the FIR, that material evidence of stone‑pelting existed, and that the seriousness of the offence warranted custody. Consequently, the court declined to grant anticipatory bail and dismissed the application.

Issues considered

Whether anticipatory bail should be granted to the petitioner who is named in the FIR for alleged stone‑pelting offences.

Subjects

anticipatory bail
stone pelting
FIR
co‑accused testimony
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.8773 of 2026
                         Arising Out of PS. Case No.-286 Year-2025 Thana- ROH District- Nawada
                 ======================================================
                 Md. Afridi Son of Md. Daulat Hussain Resident of Roh Niche Bazaar, P.S.-
                 Roh, District- Nawada


                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Nazia Shabah, Adv.
                 For the Opposite Party/s :       Mr. Dr. Mrityunjaya Kr.Gautam, App.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   26-02-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Roh Police Station Case No. 286 of 2025,

                   disclosing offences under Sections 196(2), 191(2), 299, 199 of

                   the BNS, 2023.

                                   3. The prosecution case, in brief, is that on

                   28.08.2025 at about 10:00 PM, the ASI of Roh Police Station,

                   Nawada, received information regarding stone pelting by anti-

                   social elements during an Akhand Kirtan near Ganesh Temple at

                   Roh Nichli Bazaar. Upon reaching the spot, the miscreants

                   allegedly fled, but three persons were apprehended. During
Patna High Court CR. MISC. No.8773 of 2026(2) dt.26-02-2026
                                            2/3




          interrogation, they disclosed the names of nine others who had

          escaped, including the petitioner. As the Puja Samiti refused to

          lodge a complaint, the ASI himself submitted a written

          complaint, on the basis of which the present case was registered.

                          4. Learned Counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in the

          present case. Petitioner has been made accused solely on the

          basis of disclosure made by co-accused persons, allegedly due

          to village politics. She next submits that similarly situated co-

          accused persons have been granted regular bail by the learned

          Additional Sessions Judge, Nawada. She further submits that no

          member of the concerned religious community or Puja

          Committee has lodged any complaint, no injury was caused to

          any person, and no independent witness statement has been

          recorded. Petitioner is having no criminal antecedent and is a

          student with a promising career.

                          5. I have heard learned counsel for the parties.

                          6. Petitioner is named in the FIR and there is

          allegation against him and other accused persons of pelting

          stones during pooja near Ganesh Temple and police found a

          large quantity of stones, bricks near the temple. Police

          intervened and arrested three persons and deployed forces to
           Patna High Court CR. MISC. No.8773 of 2026(2) dt.26-02-2026
                                                       3/3




                     restore harmony, accordingly, I am not inclined to grant the

                     petitioner privilege of anticipatory bail.

                                     7. This application is, accordingly, rejected.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

Continue reading with your account

Checking your session…