Patna High Court
Md. Shamshad KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed anticipatory bail to the petitioners.
Summary
The petitioners, Md. Shamshad Khan and Bhagwan Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 117(2), 109(2) and 3(5) of the B.N.S. The prosecution alleged that the accused, along with unknown persons, attacked an informant with sharp weapons. The petitioners contended they were innocent and that the allegation was general, omnibus and lacked any specific overt act, with the injuries to the victim being simple. The State opposed the bail. Considering the general nature of the accusation and the minor injuries, the Court allowed anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the accusation is general and omnibus with no specific overt act alleged
- Whether the nature and extent of injuries justify denial of bail
- Applicability of Section 482(2) of the B.N.S.S. in granting anticipatory bail
Legislation cited
- B.N.S. — s. 109(2), 115(2), 117(2), 126(2), 3(5), 482(2)
Subjects
- anticipatory bail
- general accusation
- omnibus charge
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1109 of 2026
Arising Out of PS. Case No.-558 Year-2025 Thana- RAHUI District- Nalanda
======================================================
1. Md. Shamshad Khan S/o- Md. Mustafa Khan Mohalla- Kasi Takiya PS-
Laheri District- Nalanda
2. Bhagwan Yadav S/o- Baliram Yadav R/v- Kharthua Ps- Harnaut Dist-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Pramod Kumar Sinha, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 117(2), 109(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners, along
with some unknown persons, attacked informant with sharp
weapons.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Allegation of assault is general and
Patna High Court CR. MISC. No.1109 of 2026(2) dt.28-01-2026
2/2
omnibus and no specific accusation of overt act has been alleged
against these petitioners. Doctor has found the injuries,
sustained by the injured, simple in nature.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and nature of
injuries sustained by the injured, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Nalanda at
Biharsharif in connection with Rahui (Bhagan Bigha) P.S. Case
No. 558 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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