Md. Aijaj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15126 of 2026 Arising Out of PS. Case No.-87 Year-2025 Thana- BHEJA District- Madhubani ====================================================== Md. Aijaj, Male, aged about 22 Years, S/O Md. Farikuddin, R/O - Bheja, P.S - Bheja, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-03-2026 Heard Mr. Arvind Kumar, learned counsel appearing on behalf of the petitioner and Mr. Nand Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Bheja P.S. Case No. 87 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 76, 109, 303(2), 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, on 23.06.2025, while the informant was returning home from market along with her cousin brother Md. Aftab, petitioner along with other accused persons had tried to kidnap her. When her cousin brother Md. Aftab came to save her, they had assaulted him by means of lathi, danda and but of the pistol and had also tried to outrage the modesty of the informant.
Patna High Court CR. MISC. No.15126 of 2026(2) dt.25-03-2026 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and have falsely been implicated in the present case. He further submitted that petitioner is neighbour of the informant and due to enmity, he has been made accused in the present case, though, he has nowhere concerned with the alleged incidence. The specific allegation against the petitioner is that he had opened fire in the air, however, neither any empty cartridge nor any mark of firing has been found or seized from the alleged place of occurrence. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, I have perused the allegation made in the FIR and the impugned order, I find that specific allegation against the petitioner is that he had opened fire in the air, however, neither any empty cartridge nor any mark of firing has been found or seized from the alleged place of occurrence. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
Patna High Court CR. MISC. No.15126 of 2026(2) dt.25-03-2026 3/3 released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Bheja P.S. Case No. 87 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.
9. Accordingly, the present bail application stands disposed of.
(Purnendu Singh, J) Niraj/- U T