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Patna High Court

AhasanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to specified conditions, as the FIR does not specifically charge him.

Summary

The petitioner, Ahasan, son of Md. Hasim, sought anticipatory bail in connection with FIR No. 70 of 2025 alleging offences under sections 105, 110 and 287 of the BNS Act arising from a fire accident that killed the informant's father. The prosecution alleged that Md. Hasim illegally stored and sold petrol/diesel beside a gas stove, which ignited, causing the fatal fire. The petitioner argued that the FIR does not specifically implicate him and that the case is directed at his father. The State contended that the family collectively engaged in illegal fuel sales and that anticipatory bail had already been denied in a related matter. The Court examined the FIR, found no direct allegation against the petitioner, and consequently granted him anticipatory bail with stringent conditions, praising the informant's counsel for assistance.

Issues considered

  • Whether anticipatory bail can be granted when the FIR does not expressly allege the petitioner’s participation in the alleged offences.
  • Whether the petitioner is liable under sections 105, 110 and 287 of the BNS Act based on the facts of the case.
  • What conditions are appropriate for the grant of anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • BNS Act
  • sections 105, 110, 287
  • illegal sale of petrol diesel
  • fire accident
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89811 of 2025
                       Arising Out of PS. Case No.-70 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
                 Ahasan S/O Md. Hasim Resident of Village- Dubeli, Ward No. 4, P.S-
                 Dagarua, District- Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bidhu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-01-2026                  Heard Mr. N.K. Agarwal, learned Senior counsel for

                   the petitioner, Mr. Tahmeed Helal representing the informant as

                   also Mr. Bharat Bhushan, learned APP.

                                2. The petitioner is apprehending his arrest in

                   connection with Dagarua P.S. Case No. 70 of 2025 for the

                   offence under sections 105, 110 and 287 of the BNS Act lodged

                   on 01.03.2025 by the informant, Md. Mohib.

                                3. As per the prosecution story, the informant alleged

                   that his father had gone to attend the feast in the house where

                   Hasim who was preparing food on a gas stove. The allegation is

                   that Md. Hasi @ Hasim used to sell petrol/diesel which were

                   kept beside the stove and suddenly fire broke out. The

                   informant/family members rushed to the place, his father as also

                   the informant side sustained fire-arm injuries, shifted to Sadar
Patna High Court CR. MISC. No.89811 of 2025(2) dt.28-01-2026
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          Hospital Purnea then to Bhagalpur Jawaharlal Nehru Medical

          College Hospital and finally, to the Patna Medical College

          Hospital where his father succumbed to the said burn injuries.

          This led to the FIR.

                       4. Learned Senior counsel for the petitioner submits

          that a perusal of the FIR would show that allegation is mainly

          against Md. Hasi that he was preparing food and also used to

          illegally sell petrol/diesel. The petitioner is the son of Md. Hasi

          and in a zeal to implicate everyone, this petitioner has also been

          rounded off.

                       5. Learned counsel representing the informant, on the

          other hand, opposes the prayer submitting that all the family

          members collectively used to sell diesel/petrol and the

          anticipatory bail of Md. Hasim @ Hasi already stands rejected

          by a Coordinate Bench in Cr. Misc. No. 42387 of 2025.

                       6. This Court has gone through the facts of the case as

          also the submissions of the parties, unfortunate incident took

          place, the administration/Police officials have failed in their

          duties to ensure that in the locality, no such illegal sell of

          petrol/diesel takes place. However, so far as the present case is

          concerned, allegation is mainly against Md. Hasim @ Hasi that

          he had stocked diesel/petrol illegally and was preparing food
Patna High Court CR. MISC. No.89811 of 2025(2) dt.28-01-2026
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          when the father of the informant went to attend the feast,

          suffered burn injuries, ultimately died. No role of the petitioner

          has been alleged in the FIR, in that background, this Court is

          inclined to extend him the privilege of anticipatory bail with

          conditions.

                       7. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned J.M. 1st Class, Purnea in connection with

          Dagarua P.S. Case No. 70 of 2025 subject to the following

          conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhaar Card/Voter I.D. Card/Driving License/Pan

          Card) to show his/her bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iii) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,
          Patna High Court CR. MISC. No.89811 of 2025(2) dt.28-01-2026
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                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (iv) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.

                                 8. Before parting, this Court would like to put on

                    record its word of appreciation for Mr. Md. Tahmeed Helal,

                    learned counsel for the informant for the assistance rendered in

                    the matter.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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