Md. Afsar @ Afsar Siddaqui @ Afasar Siddhaki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3885 of 2026 Arising Out of PS. Case No.-411 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
Md. Afsar @ Afsar Siddaqui @ Afasar Siddhaki Son of Md. Kamrool @ Md. Kamrul Resident of village- Bhuindhara Police Station- Samastipur, Muffasil, District- Samastipur 2.
Md. Kamrool @ Md. Kamrul Son of Late Md. Jahir Uddin Resident of village- Bhuindhara Police Station- Samastipur, Muffasil, DistrictSamastipur 3.
Santosh Das @ Santosh Kumar @ Santosh Kumar Das Son of Tilak Das Resident of village- Musapur, Police Station- Samastipur Muffasil, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-01-2026
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Samastipur Muffasil P.S. Case no. 411 of 2024 registered under sections 126(2), 115(2), 118(1), 117(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.3885 of 2026(2) dt.28-01-2026 2/3
3. As per the prosecution case, the informant states that over a dispute relating to parking of a loaded commercial vehicle and giving passage, the three accused persons assaulted the informant with an iron rod leading to injuries.
4. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. From the contents of the FIR itself, it would transpire that the dispute was of a trivial nature. So far as the injury on the informant is concerned, the only injury on the shoulder and wrist has been found to be grievous in nature which is attributable to petitioner no. 3 only. Even this assault is on a non-vital part of the body. The petitioners have no criminal antecedent and undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., the only injury found to be grievous in nature being on non-vital part of the body together with the petitioners not having any criminal antecedent, it is directed that all the three petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks,
Patna High Court CR. MISC. No.3885 of 2026(2) dt.28-01-2026 3/3 be released on anticipatory bail in connection with Samastipur Muffasil P.S. Case no. 411 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to satisfaction of the learned Additional Chief Judicial Magistrate-II, Samastipur. (Partha Sarthy, J) sauravkrsinha/- U T