Patna High Court
Jasim Ahmad @ Jashim AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that due to the unexplained delay in filing the FIR, the simple nature of the injuries and the petitioner's clean antecedent, anticipatory bail under Section 438 CrPC could be granted subject to conditions.
Summary
The petitioner, Jasim Ahmad, was implicated in an assault case (Arwal P.S. Case No. 112 of 2025) where the informant alleged a violent attack with a iron rod. The FIR, filed after a three‑day delay, recorded simple injuries to the informant. The petitioner applied for anticipatory bail, arguing the delay and the nature of injuries were insufficient to justify arrest, and highlighted his clean antecedent. The State opposed the bail. The Court noted the unexplained delay in registering the FIR, the minor nature of the injuries, and the petitioner's clean record, and therefore granted anticipatory bail with stringent conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond, sureties, regular court appearances, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the delay in FIR registration and the nature of alleged injuries.
- Whether the petitioner’s clean antecedent and the simple nature of injuries justify bail under Section 438 CrPC.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- delay in FIR
- simple injuries
- clean antecedent
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- assault
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15650 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- Arwal District- Arwal
======================================================
Jasim Ahmad @ Jashim Alam S/O Lt Shafiq Iraqi @ Shafique Eraky Resident
Of Village - New Arwal, P.S- Arwal, Dist.- Arwal
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nitya Nand Neeraj
Ms.Kumari Anjani Sinha
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Arwal P.S. Case No. 112 of 2025, F.I.R dated
19.03.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 351(2), 352 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant,
Mohammad Akhtar Hussain, submitted a written application
before the S.H.O., Arwal, and alleged that in front of his house,
the petitioner attacked him with the intention to kill. It is further
alleged that the petitioner first struck him on the head with a
thick iron rod, causing him to fall unconscious. Thereafter, he
again assaulted him on his right shoulder and arm with a deadly
Patna High Court CR. MISC. No.15650 of 2026(2) dt.12-03-2026
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weapon. On the arrival of neighbours, the accused fled away.
The informant was taken to the hospital by police, where he
received treatment and remained in a serious condition for three
days, after which the FIR was lodged.
4. Learned counsel for the petitioner submits that after
the alleged incident, the police is said to have taken the
informant to the hospital but as per the allegations levelled in
the First Information Report, the reasons for delay in recording
the First Information Report is not explained and injuries, which
is said to have been caused to the informant have been found
simple in nature.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the fact that the delay in causing
registering the First Information Report is found unexplained
and no proper steps be taken and injuries made to the informant
is found to be simple in nature and the petitioner has clean
antecedent. Accordingly, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.15650 of 2026(2) dt.12-03-2026
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satisfaction of the learned C.J.M., Arwal in connection with
Arwal P.S. Case No. 112 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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