Patna High Court
Afrin Mohammad @ MunnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court did not interfere with the anticipatory bail order and disposed of the petitioner's application.
Summary
Afrin Mohammad, the complainant, filed an application challenging an order that recorded his alleged agreement to receive Rs.64,500, which he denies. He contended that the order was erroneous and sought interference with the anticipatory bail granted to accused persons Nos. 2 to 7. The Patna High Court held that it was not in a position to assess the truth of the petitioner's claim and directed that such a grievance be raised before the court that had granted the anticipatory bail. Consequently, the High Court declined to interfere with the bail order. The court granted the petitioner liberty to pursue his grievance in the lower court and disposed of the application.
Issues considered
- Whether the High Court can interfere with an anticipatory bail order on the ground of an alleged agreement to receive money.
- Whether the petitioner should raise his grievance regarding the alleged agreement before the court that granted anticipatory bail.
Subjects
- anticipatory bail
- bail order
- high court jurisdiction
- criminal procedure
- petitioner's grievance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87846 of 2025
Arising Out of PS. Case No.-1155 Year-2024 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi
======================================================
Afrin Mohammad @ Munna S/O Late Sakim Nadaf@Late Sakim R/O
village- Mehsual, P.S and District- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Humayu Son of Late Sakim Nadar Resident of village- Mehsaul Tole,
Hushena Ward No. 26, P.S.and District-Sitamarhi
3. Najmun Khaton Wife of Md. Humayu Resident of village- Mehsaul Tole,
Hushena Ward No. 26, P.S.and District-Sitamarhi
4. Md. Haidar Son of Late Wasir Resident of village Hushena P.S.- and
District- Sitamarhi
5. Sadath Hussain @ Khojwa Son of Md. Haidar Resident of village Hushena
P.S.- and District- Sitamarhi
6. Md. Jubair Son of Late Ali Aakat Resident of village Harpurva, P.S. Bajpatti,
District- Sitamarhi
7. Md. Taukir Mansoori @ Md. Taukir Son of Jubair @ Md. Jubair Resident of
village - Harpurva, P.S. - Bajpatti, District- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner submits that
the petitioner, who was the complainant before the court
concerned, had never agreed to receive an amount of Rs.
64,500/-, as has been recorded in the impugned order.
3. This Court is not in a position to assess whether
Patna High Court CR. MISC. No.87846 of 2025(2) dt.06-01-2026
2/2
the submission advanced on behalf of the petitioner reflects the
correct state of affairs. In such circumstances, the appropriate
and efficacious course for the petitioner would be to raise this
issue before the court concerned which granted the privilege of
anticipatory bail to opposite party nos. 2 to 7.
4. Accordingly, this Court is not inclined to
interfere with the order granting bail to the opposite parties,
however, liberty is granted to the petitioner to agitate his
grievances before the court concerned which granted
anticipatory bail to opposite party nos. 2 to 7.
5. With the aforesaid observations, the present
application stands disposed of.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…