Md. Afajal @ Asraf @ Md. Asraf v. The State of Bihar
Case brief
What is this about?
Anticipatory bail / pre-arrest bail; Patna High Court; Justice Partha Sarthy; order dated 28-01-2026; Criminal Miscellaneous No.3702 of 2026; Rajnagar P.S. Case no.290 of 2025; G.R. no.1671 of 2025; District Madhubani; Bharatiya Nyaya Sanhita 2023 sections 126(2), 115(2), 76, 303(2), 109(1), 352, 351(2)(3), 3(5); sword assault on informant; grievous injury certified by doctor; accused armed with sword, iron rod, spear; anticipatory bail rejected for Md. Afajal @ Asraf @ Md. Asraf; surrender within four weeks; anticipatory bail granted to Md. Asharaf @ Ashique and Md. Yusuf; bail bond Rs.10,000 with two sureties of like amount; Additional Chief Judicial Magistrate Madhubani; counsel arguments noted: two-day delay in lodging FIR, no repetition of blow, no criminal antecedent, compromise between parties, undertaking to cooperate.
What did the court decide?
Anticipatory bail granted to petitioner nos. 2 and 3 (Md. Asharaf @ Ashique and Md. Yusuf) conditional on arrest or surrender within four weeks and furnishing of bail bonds of Rs.10,000/- each with two sureties of the like amount; prayer refused for petitioner no.1 (Md. Afajal @ Asraf @ Md. Asraf), who is directed to surrender within four weeks.