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Patna High Court

Md. Shahid Ali @ Saheb AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1262 of 2026(3) dt.23-02-2026
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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
Patna High Court CR. MISC. No.1262 of 2026(3) dt.23-02-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.1262 of 2026(3) dt.23-02-2026
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                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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