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Patna High Court

Md. Kasim @ Kashim AliversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail may be granted when the accused is a young first‑time offender, the allegations lack medical corroboration and the nature of the offence does not warrant detention, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Md. Kasim, was implicated in a FIR alleging assault on an informant and his family under multiple sections of the Bharatiya Nyaya Sanhita. He contended that the allegation of striking the informant with a farsa was unsupported by medical evidence and that the FIR was filed with ulterior motive, noting his young age (about 20) and clean criminal record. The State and the informant opposed his bail application. The Court examined the nature of the allegations, the lack of corroborative medical proof, the petitioner’s antecedents, and the principle of liberty for a first‑time offender. Considering these factors, the Court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order is conditional upon surrender within six weeks if arrested.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the nature of the offences alleged under the Bharatiya Nyaya Sanhita?
  • Does the lack of medical corroboration and the petitioner's clean antecedent justify bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • first-time offender
  • medical evidence
  • section 482
  • preventive detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11227 of 2026
                   Arising Out of PS. Case No.-446 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Md. Kasim @ Kashim Ali S/o Haider Ali R/o vill - Keshariya Naya Bazar,
                 Ward no. 1, P.S-. Keshariya, Distt.- East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Shamir Mehra, Advocate
                 For the State             :      Mr. Binod Kumar, APP
                 For the Informant         :      Mr. Shakil Ahmad Khan, Advocate
                                                  Mr. Upendra Kumar Chaubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   06-05-2026                           Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                        2. The petitioner apprehends his arrest in a case

                   registered under Sections 126(2), 115(2), 303(2), 118(1), 117(2),

                   329(3), 76, 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita.

                                    3. As per the F.I.R., the accused persons abused

                   and assaulted the informant and his family members. It is

                   alleged that the petitioner assaulted the informant with farsa on

                   his head.

                                    4.     Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that
Patna High Court CR. MISC. No.11227 of 2026(4) dt.06-05-2026
                                            2/3




          the allegation against the petitioner is that he assaulted the

          informant with farsa blow on his head which is not corroborated

          by the medical evidence. The injury is simple in nature caused

          by hard and blunt object. There is no specific allegation against

          the petitioner that he assaulted Md. Tanveer and Gulsita Noor.

          He next submits that earlier, the mother of the petitioner has

          filed a Complaint Case No. 2469 of 2025 against the informant

          and others, and to save their skin from the allegation narrated in

          complaint case, the present F.I.R. has been lodged with ulterior

          motive. Petitioner is a young boy, aged about 20 years, having

          no criminal antecedent and he undertakes to cooperate in the

          investigation and trial.

                          5. Learned A.P.P. for the State and learned counsel

          for the informant opposed the prayer for bail.

                          6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, nature

          of allegation, young age of the petitioner and his fair antecedent,

          let the above named petitioner be released on bail, in the event

          of arrest or surrender before the learned court below within a

          period of six weeks from today, on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate-I,
            Patna High Court CR. MISC. No.11227 of 2026(4) dt.06-05-2026
                                                        3/3




                      Motihari, East Champaran in connection with Keshariya P.S.

                      Case No. 446 of 2025, subject to the conditions as laid down

                      under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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