Patna High Court
Md. ShakilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted regular bail to the petitioner, finding no prima facie case for grievous hurt or Section 308(2) and noting his clean record.
Summary
The petitioner, Md. Shakil, was arrested in connection with a dispute arising from a Facebook photograph that led to a physical altercation, alleged to involve assault with an iron rod causing minor injuries. He faced multiple charges under sections 190, 191(2), 191(3), 126(2), 115(2), 118(2), 117(1), 308(2), 109, 333, 324(4), 352, and 351(2) of the B.N.S. The prosecution argued he was the main accused, while the defence contended he was falsely implicated, had a clean record, and the injuries were not grievous. The court examined whether the injury constituted grievous hurt, whether there was a prima facie case for the attempted murder provision (Section 308(2)), and considered the petitioner’s antecedents and period of custody. Finding the injury non‑grievous and no prima facie case for the more serious charge, the court allowed the bail application. The petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under multiple sections of the B.N.S.
- Whether the injuries sustained constitute grievous hurt under the applicable law
- Whether a prima facie case exists under Section 308(2) of the B.N.S. (attempted murder)
- Whether the petitioner’s clean criminal antecedent and period of custody justify bail
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 109, 115(2), 117(1), 118(2), 126(2), 190, 191(2), 191(3), 308(2), 324(4), 333, 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- social media dispute
- grievous hurt
- Section 308
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14462 of 2026
Arising Out of PS. Case No.-517 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Md. Shakil S/o Md. Umar @ Jhungur @ Jungur @ Md. Umar Husain R/o
Village - Akbarpur Benk, P.S - Biraul, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mrs. Sucheta Yadav, APP
For the Informant : Mr. Girish Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
6 27-05-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with
Biraul P.S. Case No. 517 of 2025, registered under Sections 190,
191(2), 191(3), 126(2), 115(2), 118(2), 117(1), 308(2), 109, 333,
324(4), 352, 351(2) of the B.N.S.
3. As per the prosecution case, a dispute arose over
publication of a photograph on Facebook, following which a
scuffle took place. The allegation against the petitioner is that he
assaulted the husband of the informant on the head with an iron
rod. There are further allegations against other accused persons
as well. The injury report before this Court shows a lacerated
wound measuring 1 cm × ½ cm × ¼ cm on the right side of the
head. The other seven injuries are diffuse swellings with
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superficial lacerations. The final MLC report is still awaited and
the nature of injury has been kept reserved. Going by the
primary report, the injuries do not prima facie appear to be
grievous in nature.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated. The
petitioner has a clean criminal antecedent and has been in
custody since 20.12.2025.
5. Learned APP for the State and learned counsel for
the informant have opposed the bail. It is submitted that the
petitioner is the main accused and assaulted the husband of the
informant mercilessly.
6. The matter arises out of a petty dispute over a
social media post. The primary injury report does not disclose
grievous hurt as noted above. As regards Section 308(2) B.N.S.,
the material on record does not prima facie make out the said
offence at this stage. The petitioner has a clean criminal
antecedent and has been in custody since 20.12.2025. In view of
these facts, the bail application is allowed.
7. Accordingly, let the petitioner above named be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
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amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate, Biraul, Darbhanga, or the concerned court
below in connection with Biraul P.S. Case No. 517 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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