Patna High Court
Md. Shahid Ali @ Saheb AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482 of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Md Shahid Ali, applied for anticipatory bail in connection with a criminal case (PS Case No. 365 of 2025) alleging assault with a firearm that caused injuries to the informant's brother‑in‑law. The prosecution alleged that the petitioner and co‑accused inflicted serious injuries, indicating an intention to kill, while the petitioner contended that the injuries were minor, the allegations were fabricated, and he has a clean antecedent. The State opposed bail, arguing repeated assaults on vital parts of the body. The High Court examined the nature of the injuries, the alleged intent, and the petitioner’s claim of false implication, and decided to grant anticipatory bail subject to strict conditions under Section 482 of the Bharatiya Nyaya Sanhita. The order stipulated bail bonds, sureties, a relative as a bailor, mandatory court appearances, and provisions for cancellation if conditions are breached.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bharatiya Nyaya Sanhita despite allegations of assault and intent to kill.
- Whether the nature and severity of the alleged injuries affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 482, 74
Subjects
- anticipatory bail
- assault
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- intent to kill
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1262 of 2026
Arising Out of PS. Case No.-365 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Md. Shahid Ali @ Saheb Alam S/O Md. Islam Ansari @ Islam Miyan R/O
Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State and the learned counsel for the informant.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Chhatauni P.S. Case No. 365 of 2025
instituted for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 303(2), 74 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, the allegation against
the petitioner is that he along with other named accused persons
armed with farsa had assaulted the brother-in-law of the
informant resulting in severe injuries.
4. Learned counsel for the petitioner submits that the
allegation of assault by the accused persons including the
petitioner is falsified from the injury report which states that the
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three injuries which were found on the head were of the size 4”x
Muscle deep, 2”x Muscle deep, 3”x Muscle deep were all
simple in nature while one of the injuries which was fracture of
little finger was found to be grievous, which is on non-vital part
of the body. It is further submitted that the petitioner has falsely
been implicated and no such incident, as alleged, has occurred
and, in fact, the informant in a very pre-planned manner after
going through the injuries has implicated each and every person
including the petitioner. It has lastly been submitted that the
petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State as
well as the learned counsel for the informant vehemently
opposed the prayer for anticipatory bail and have stated that the
petitioner along with others have made repeated assault on the
vital part of the body and therefore, the intention to kill was
present and therefore, the petitioner should not be granted the
liberty of anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, East
Champaran, Motihari in connection with Chhatauni P.S. Case
No. 365 of 2025, subject to the conditions as laid down under
Section 482 of the BNSS and subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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