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Patna High Court

Md. Ibrar @ Md. EbrarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.13315 of 2026(2) dt.25-03-2026
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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
            Patna High Court CR. MISC. No.13315 of 2026(2) dt.25-03-2026
                                                        3/3




                              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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