Md. Afridi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8773 of 2026 Arising Out of PS. Case No.-286 Year-2025 Thana- ROH District- Nawada ====================================================== Md. Afridi Son of Md. Daulat Hussain Resident of Roh Niche Bazaar, P.S.- Roh, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Nazia Shabah, Adv.

For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, App.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-02-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Roh Police Station Case No. 286 of 2025, disclosing offences under Sections 196(2), 191(2), 299, 199 of the BNS, 2023.

3. The prosecution case, in brief, is that on 28.08.2025 at about 10:00 PM, the ASI of Roh Police Station, Nawada, received information regarding stone pelting by antisocial elements during an Akhand Kirtan near Ganesh Temple at Roh Nichli Bazaar. Upon reaching the spot, the miscreants allegedly fled, but three persons were apprehended. During

Patna High Court CR. MISC. No.8773 of 2026(2) dt.26-02-2026 2/3 interrogation, they disclosed the names of nine others who had escaped, including the petitioner. As the Puja Samiti refused to lodge a complaint, the ASI himself submitted a written complaint, on the basis of which the present case was registered.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner has been made accused solely on the basis of disclosure made by co-accused persons, allegedly due to village politics. She next submits that similarly situated coaccused persons have been granted regular bail by the learned Additional Sessions Judge, Nawada. She further submits that no member of the concerned religious community or Puja Committee has lodged any complaint, no injury was caused to any person, and no independent witness statement has been recorded. Petitioner is having no criminal antecedent and is a student with a promising career.

5. I have heard learned counsel for the parties.

6. Petitioner is named in the FIR and there is allegation against him and other accused persons of pelting stones during pooja near Ganesh Temple and police found a large quantity of stones, bricks near the temple. Police intervened and arrested three persons and deployed forces to

Patna High Court CR. MISC. No.8773 of 2026(2) dt.26-02-2026 3/3 restore harmony, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T