Md. Aasif @ Mirza Aasif Baig @ Mirza Aasif Beg v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48181 of 2026 Arising Out of PS. Case No.-20 Year-2026 Thana- JALE District- Darbhanga ====================================================== Md. Aasif @ Mirza Aasif Baig @ Mirza Aasif Beg, S/O Late Pyare Beg @ Nanhe Beg, R/O Village- Garri, Ward No. 06, P.S- Jalley, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate Mr. Mirza Ahraz Baig, Advocate For the State :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Jaley P.S. Case No.20 of 2026, registered for the offences under Sections 126(2), 115(2), 118(1), 109(1), 329(3), 329(4), 352, 351(2), 3(5) of BNS, 2023.

3. As per prosecution case, the petitioner and coaccused persons, armed with lathi, knife and iron rod, entered into the house of the informant and caught hold of his father and repeatedly stabbed him. The allegation against the petitioner is that he stabbed the father of the informant 4-5 times. The occurrence took place in the background of the fact that the parents of the informant were earlier attacked and Jaley P.S.

2/4 Case No. 76 of 2019 was instituted and the accused of that case had been threatening the father of the informant to withdraw the case.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. No occurrence in the manner as alleged has ever taken place. The father of the informant did not receive any injury as stated in the FIR and, for this reason, no injury report has been brought on record till date. This fact is also clear from the rejection order of the bail of the petitioner by the learned Sessions Court. The learned counsel further submits that moreover there is interpolation in the FIR and the name of the petitioner with allegation of stabbing the father of the informant 4-5 times has been inserted in dissimilar manner. The learned counsel further submits that there is an old inter-family dispute for which Jaley P.S. Case No.

76/2019 has been registered against the petitioner and other co-accused persons. Prior to that, wife of the petitioner has filed Jaley P.S. Case No. 32/2021 under Sections 341, 323, 324, 307, 504, 506/34 IPC against the father of the informant and others. It shows both the families are involved in litigation and the present case is in continuance of the said case.

3/4 not find involvement of other co-accused persons, who are the wife and the son of the petitioner. Learned counsel further submits that the petitioner is in custody since 24.01.2026 and the charge sheet has been submitted. The petitioner is having antecedent of one case and he is on bail in that case.

5. Learned A.P.P. vehemently opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the background of the parties and further considering the submission of charge sheet against the petitioner and his period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Darbhanga/ concerned court, in connection with Jaley P.S. Case No.20 of 2026, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the below, if

4/4 so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T