Md. Asif @ Md. Aashif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65217 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- BEERPUR District- Begusarai ====================================================== Md. Asif @ Md. Aashif S/o Md. Sadre Alam @ Md. Sadu R/o VillageSaraunja, P.S - Birpur, District - Begusarai, State - Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Birpur P.S. Case no.80 of 2025 registered under sections 109, 115(2), 126(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that the petitioner dashed his vehicle bearing Registration no. BR01GC3218 against the motorcycle of the informant as a result of which he fell down injured and the motorcycle was damaged. It is further stated that on protest by the informant, the petitioner and one another took out a rod from their vehicle and assaulted the informant on the head as a result of which he fell down unconscious.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.65217 of 2025(2) dt.17-09-2025 2/2 that the petitioner has been falsely implicated in the case. It was a case of a simple road accident and the allegations levelled in the F.I.R. are false and concocted. A minor scuffle had taken place between the parties after the accident. In any case of the matter the allegations are general and omnibus in nature. The petitioner has no criminal antecedent and undertakes 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 specific allegation against the petitioner of having dashed his vehicle against the motorcycle of the informant, the petitioner having assaulted the informant with an iron rod on his head and corresponding grievous injury having been found which finds mention in the order of the learned Court below, in the facts of the case the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.

(Partha Sarthy, J) avinash/- U T