Md. Asif @ Md. Ashif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24181 of 2026 Arising Out of PS. Case No.-80 Year-2025 Thana- BEERPUR District- Begusarai ====================================================== Md. Asif @ Md. Ashif Son of Md. Sadre Alam @ Md. Sadu Resident of Village and P.O.- Sarauja, P.S.- Birpur, District - Begusarai.... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 15-04-2026 Heard Mr. Amrendra Kumar, learned counsel for the petitioner and Mr. Amitesh Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 10.02.2026 in connection with Birpur P.S. Case No. 80 of 2025, F.I.R. dated 16.04.2025 for the offences punishable under Sections 126(2), 115(2), 352, 109, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that when he and his colleague were traveling and reached near Sarauja village Mosque, the driver of a pickup van, this petitioner deliberately rammed into his motorcycle from behind, damaging it. When they objected, the petitioner and other co-accused persons attacked them with rods causing severe injuries. Thereafter, the villagers intervened and took them to private hospital for primary treatment and later they were admitted to P.H.C Birpur.
Patna High Court CR. MISC. No.24181 of 2026(2) dt.15-04-2026 2/3
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. From bare perusal of the FIR it appears that the present case is simple road accident case but informant had alleged that petitioner and other co-accused persons have assaulted him and his colleague. Although the informant and his colleague had received injury but the injury report of the injured persons suggest that injury inflicted upon them is not grievous in nature. The relevant paragraph of the impugned order describing the injuries sustained by the injured persons is reproduced hereinbelow: "In para 50, the injury report of the injured Ranjeet Kumar shows a lacerated wound 1.5" x 0.5"cm on the scalp caused by hard and blunt object. As per para 53 of the case diary, the injury report of the injured Shashikant Kumar shows swelling 3" x 1" inch over the left side of skull caused by hard and blunt object."
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances as well as the fact that petitioner has clean antecedent and taking into consideration the nature of the injury inflicted upon the informant, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.24181 of 2026(2) dt.15-04-2026 3/3 like amount each to the satisfaction of the learned J.M.F.C-cumA.M., Begusarai in connection with Birpur P.S. Case No. 80 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T