Patna High Court
AhasanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- BNS Act — s. 105, 110, 287
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
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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
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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,
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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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