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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

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
Patna High Court CR. MISC. No.14462 of 2026(6) dt.27-05-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.14462 of 2026(6) dt.27-05-2026
                                                        3/3




                      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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