Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 1458 (PAT)

Wajid Ali v. The State of Bihar

CR. MISC./5857/2026 · 2026-02-24

Ajit Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5857 of 2026 Arising Out of PS. Case No.-506 Year-2025 Thana- DARAUNDA District- Siwan ====================================================== 1. Wajid Ali S/o Late Dosh Mohammad Resident of Village - Beldari Tola, P.S - Daraunda, District - Siwan 2. Ahmad Ansari S/o Late Dosh Mohammad Resident of Village - Beldari Tola, P.S - Daraunda, District - Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 24-02-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Daraunda P.S. Case No.506 of 2025, F.I.R dated 22.10.2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, on 17.10.2025 at about 10:00 A.M., Wajid Ali, Ahmad Ansari, and Ashiyana Sabnam arrived at the informant’s house on a motorcycle. After a dispute over parking the motorcycle, Wajid Ali began abusing the informant. When she objected, Ahmad Ansari struck her Patna High Court CR. MISC. No.5857 of 2026(3) dt.24-02-2026 2/4 below the left eye with a lathi. Wajid Ali allegedly instigated others to kill her, Ashiyana Sabnam caught hold of her hand, and the remaining co-accused assaulted her with lathis. 4. Learned counsel for the petitioners submits that the petitioner is innocent and has falsely been implicated in the present case and the present incident is said to have taken place on account of a petty dispute regarding parking of motorcycle and injuries sustained by the informant are simple in nature. It has next been submitted that the petitioners and the informant are agnates and as per the allegations levelled in the F.I.R., petitioner No.1 is the order giver and petitioner No.2 is said to have assaulted the informant. It has further been submitted that the petitioners undertake that they would not commit such offence in future and would abide by the terms and conditions in case privilege of anticipatory bail is extended in their favour. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances that the petitioners and informant are agnates and the injuries sustained by the informant are simple in nature and the petitioners undertake that they would not commit such offence in future. Accordingly, this Court is inclined to grant the Patna High Court CR. MISC. No.5857 of 2026(3) dt.24-02-2026 3/4 privilege of anticipatory bail to the petitioners. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI-Siwan, in connection with Daraunda P.S. Case No.506 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; Patna High Court CR. MISC. No.5857 of 2026(3) dt.24-02-2026 4/4 (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. sharun/- (Ajit Kumar, J) U T