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Patna High Court

Jasim Ahmad @ Jashim AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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