Patna High Court
Md. Ibrar @ Md. EbrarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, a 20‑year‑old student preparing for the NEET exam, was accused in a police case of assaulting the informant's brother and stabbing the informant with a knife. The FIR listed offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. The petitioner argued that the incident arose from a childhood scuffle, that the injuries were minor, and that he has no prior criminal record, which would jeopardise his studies if he were jailed. The court considered the co‑villager relationship, the petitioner’s age, lack of antecedents, and the minimal nature of the injuries. Finding no reason to deny bail, the court granted anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, subject to a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita despite the serious charges in the FIR.
- Whether the nature of the alleged offences, the petitioner’s lack of criminal antecedent, and the minor injuries justify the grant of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- Bhartiya Nyaya Sanhita
- assault
- knife attack
- student
- NEET
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13315 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- Bhalpatti District- Darbhanga
======================================================
Md. Ibrar @ Md. Ebrar Son of Md. Sayeed Resident of Village -Thika Tol,
P.O.- Adalpur, P.S.- Bhalpatti, Dist- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand
For the Opposite Party/s : Mr. Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Bhalpatti Police Station Case No. 75 of 2025, dated
08.09.2025, disclosing offences under Sections
126(2)/115(2)/118(1)/109/352/351(2)/3(5) of the Bhartiya
Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 07.09.2025, the petitioner, along with other
accused persons, assaulted the younger brother of the
informant, namely, Sadakatullah, and when the informant,
along with his brother went to petitioner’s house to lodge
complaint, the petitioner, having knife in his hand,
stabbed Sadakatullah on his left hand. When the
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informant went to save his brother, then the petitioner
stabbed the informant over his head and below his eyes.
4. Learned counsel for the petitioner submits that the
petitioner is a student and is preparing for NEET
examinations. He next submits that some scuffle took
place between the informant’s brother and side of the
petitioner on the point of breaking a branch of mango tree
and due to a fight between the children, the entire family
members have been made accused. He next submits that
injury caused to the informant, though opined as grievous
in nature near the forehead, but the doctor has found
lacerated wound, whereas, there is allegation in the FIR
that the petitioner inflicted knife blow which is a sharp
cutting weapon. The size of the injury is very small i.e.
0.5 cm X 0.5 cm X 0.5 cm near the cheek and forehead.
He further submits that the petitioner is having no
criminal antecedent and his entire career will be affected
if he is arrested and goes to jail.
5. Regards being had to the submissions made on behalf of
the parties and taking into consideration the fact that both
the parties are co-villagers, there was quarrel between the
children, petitioner is aged about 20 years, is preparing
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for NEET examination and has no criminal antecedent, I
am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released 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 Chief Judicial
Magistrate, Darbhanga, in connection with Bhalpatti
Police Station Case No. 75 of 2025, subject to the
condition laid down under Section 482 (2) of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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