Md. Aftab @ Md. Aftab Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66398 of 2025 Arising Out of PS. Case No.-256 Year-2025 Thana- SULTANGANJ District- Patna ====================================================== 1.
Md. Aftab @ Md. Aftab Khan son of Md. Chand Resident Of Aurangabad, Ps -Town, Dist -Aurangabad 2.
Md. Aashu @ Md. Amanullah @ Ashu Son of Shahid Resident of VillageMandai, Dargah Road, Ps- Sultanganj, Dist- Patna 3.
Md. Rashid son of Late Baratu Resident of Village- Mandai, Dargah Road, Ps- Sultanganj, Dist- Patna 4.
Md. Ihtesham @ Md. Imran son of Late Md. Baratu @ Md. Ishaque Resident of Village- Mandai, Dargah Road, Ps- Sultanganj, Dist- Patna 5.
Md. Wahid @ Mr. Abdul Wahid son of Md. shahid Resident of VillageMandai, Dargah Road, Ps- Sultanganj, Dist- Patna 6.
Md. Sarfaraz son of Md. Sahid Resident of Village- Mandai, Dargah Road, Ps- Sultanganj, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamlesh Kumar Pathak, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in connection with Sultanganj P.S. Case No. 256 of 2025 for the offence registered under sections 126(2), 115(2), 352, 118(1), 303(2), 324(4) and 3(5) of the B.N.S and subsequently Section 109 of B.N.S. added lodged on 23.06.2025 by the informant, Md. Tanviruddin.
3. As per the prosecution story, the informant alleged
Patna High Court CR. MISC. No.66398 of 2025(2) dt.17-09-2025 2/3 that while he was going to park his car, the accused persons compelled him to stop the car, dragged him out and assaulted brutally, causing multiple injuries, this led to the FIR.
4. Learned counsel for the petitioners submits that the story is slightly different. Actually he met with an accident and in that background, the locals slapped him, fell down, got injuries which has been exaggerated.
5. The informant is appearing in this case andhe has taken this Court to the different photographs that are part of the FIR to show that not only he was thrashed brutally, even the nasal bone was fractured.
6. This has become a trend in this country and specially in the State of Bihar that after a vehicle meet with an accident, the locals instead of taking the injured to the hospital or asking the owner/driver to help the injured shifting to the hospital, start assaulting him/her. In the process, both the injured who has been hit by the car as also those who are occupants get injured and further increase the number of FIRs. This is one of such case where the allegation as also the photograph shows that he has been brutally assaulted by the accused persons including these petitioners, in that background, it would be appropriate that they seek bail.
Patna High Court CR. MISC. No.66398 of 2025(2) dt.17-09-2025 3/3
7. The anticipatory bail application stands rejected.
8. If, however, the petitioners surrenders within four weeks, the concerned Court shall take up the matter and dispose it of preferably on the same day.
(Rajiv Roy, J) Raj Ranjan/- U T