Patna High Court
Md. Kasim @ Kashim AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 76
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.