Patna High Court
Ashgar AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Bihar Negotiable Instruments Act — s. 3, 5
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 351(2), 352
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
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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
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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;
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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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