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Patna High Court

Ashgar AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court denied anticipatory bail to petitioners 3 and 4 and granted anticipatory bail to petitioners 1, 2 and 5 subject to conditions under Section 438(2) of the Cr.P.C.

Summary

The petitioners, five residents of Pagara village, applied for anticipatory bail fearing arrest in a case (Vijayipur PS Case No. 298 of 2025) involving offences under sections 115(2), 126(2), 109, 303(2), 352, 351(2) of the IPC and provisions of the Bihar Negotiable Instruments Act. The FIR alleged that two of the petitioners, Sahabuddin Miya and Aftab Khan, assaulted an informant and inflicted a knife injury while seizing corn. The court examined the FIR and the submissions of counsel, finding that there was sufficient material to show the active participation of the two accused, and therefore rejected their anticipatory bail. For the remaining three petitioners, who were alleged only as wholesalers with no specific role, the court found no criminal antecedent and granted anticipatory bail subject to strict conditions under Section 438(2) of the Cr.P.C. The order directed them to furnish bail bonds, appear before the trial court and police regularly, and refrain from tampering with evidence or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under the IPC and BNS provisions.
  • Whether the material in the FIR establishes a prima facie case against Sahabuddin Miya and Aftab Khan justifying denial of anticipatory bail.
  • Whether the other petitioners, lacking specific allegations, are entitled to anticipatory bail under Section 438(2) of the Cr.P.C.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Indian Penal Code
  • assault
  • theft
  • bail conditions
  • FIR
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89934 of 2025
                     Arising Out of PS. Case No.-298 Year-2025 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
           1.     Ashgar Alam S/o Aalam Miya Resident of Village- Pagara, P.S.- Vijayipur,
                  District- Gopalganj
           2.    Raju Miya S/o Gafar Miya Resident of Village- Pagara, P.S.- Vijayipur,
                 District- Gopalganj
           3.    Sahabuddin Miya S/o Gafar Miya Resident of Village- Pagara, P.S.-
                 Vijayipur, District- Gopalganj
           4.    Aftab Khan @ Kaju S/o Gafar Miya Resident of Village- Pagara, P.S.-
                 Vijayipur, District- Gopalganj
           5.    Aslam Miya S/o Dilsher Miya Resident of Village- Pagara, P.S.- Vijayipur,
                 District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Anand Vardhan, Adv.
                                                   Ms. Shubhangi Pandey, Adv.
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-01-2026                          Heard Ms. Shubhangi Pandey, learned Counsel for

                   the petitioners and learned APP for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Vijayipur P.S. Case No. 298 of 2025 for the offence

                   registered under sections 115(2), 126(2), 109, 303(2), 352,

                   351(2), 3/5 of BNS.

                                 3. As per the prosecution story, the informant alleged

                   that he used to sell corn on a cart. Allegation is that Sahabuddin

                   Miya and Aftab Khan (petitioner nos. 3 and 4 respectively)
Patna High Court CR. MISC. No.89934 of 2025(2) dt.28-01-2026
                                            2/4




          came, had corn and left the place without making payment. As it

          was protested, all the accused persons came armed variously,

          took the corn, started eating it and on the demand of money,

          assaulted. Main allegation is against Sahabuddin Miya and

          Aftab Khan that one caught hold of him while the other gave

          knife blow causing injury on the head. This led to the FIR.

                       4. Learned Counsel for the petitioners submit that

          they are the whole-seller, the informant side had taken corn for

          retail sale but failed to make the payment and to save the skin,

          the FIR.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that a perusal

          of the FIR would show that Sahabuddin Miya and Aftab Khan

          (petitioner nos. 3 and 4) played active role in assaulting the

          informant.

                       6. Considering the submissions of the parties as also

          the FIR, no case for anticipatory bail of Sahabuddin Miya and

          Aftab Khan (petitioner nos. 3 and 4) is made out. Accordingly,

          their anticipatory bail application stands rejected.

                       7. So far as petitioner nos. 1, 2 and 5 namely, Ashgar

          Alam, Raju Miya and Aslam Miya respectively are concerned,

          omnibus allegation is there, no role has been assigned to them,
Patna High Court CR. MISC. No.89934 of 2025(2) dt.28-01-2026
                                            3/4




          they do not have criminal antecedent, in that background, this

          Court is inclined to grant them the anticipatory bail with

          conditions.

                       8. Let the petitioner nos. 1, 2 and 5 namely, Ashgar

          Alam, Raju Miya and Aslam Miya in the event of arrest or

          surrender within a period of four weeks from the date of receipt

          of the order, shall be released on anticipatory bail on furnishing

          bail of Rs. 10,000/- (ten thousand) each with two sureties of the

          like amount each to the satisfaction of the learned A.C.J.M.-VI,

          Gopalganj in connection with Vijayipur P.S. Case No. 298 of

          2025 subject to condition as laid down under Section 438(2) of

          the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner nos. 1, 2 and 5 namely,

          Ashgar Alam, Raju Miya and Aslam Miya, who shall provide

          official document (Aadhar Card, PAN Card, Driving License,

          Voter ID) to show his bona fide;

                       (ii) the petitioner nos. 1, 2 and 5 namely, Ashgar

          Alam, Raju Miya and Aslam Miya 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;
           Patna High Court CR. MISC. No.89934 of 2025(2) dt.28-01-2026
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                                  (iii) the petitioner nos. 1, 2 and 5 namely, Ashgar

                     Alam, Raju Miya and Aslam Miya shall appear before the

                     concerned police station every month for next six months to

                     mark attendance and at the end of the period, the certificate be

                     submitted to the Court;

                                  (iv) the petitioner nos. 1, 2 and 5 namely, Ashgar

                     Alam, Raju Miya and Aslam Miya shall in no way try to induce

                     or promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioner nos. 1, 2 and 5 namely, Ashgar

                     Alam, Raju Miya and Aslam Miya shall desist from committing

                     any criminal offence again failing which the State shall be at

                     liberty to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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