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Patna High Court

Md. Shamshad KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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