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Patna High Court

Afrin Mohammad @ MunnaversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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