Md. ShamshadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16821 of 2026
                       Arising Out of PS. Case No.-86 Year-2025 Thana- Bajitpur District- Darbhanga
                 ======================================================
                 Md. Shamshad R/o Md. Kalam @ Kamal R/o Village - Belahi, P.S. - Wajitpur,
                 Dist. - Darbhanga.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Madhumala Kumari, Adv.
                 For the Opposite Party/s :        Mr.Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-05-2026                        Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Wajitpur P.S. Case No.86 of 2025 lodged on 17.11.2025,

                   for the offences punishable under Sections 126(2), 115(2),

                   118(2), 109(1), 352, 351(2) and 3(5) of the B.N.S., 2023.

                                3. As per the prosecution, FIR has been lodged against

                   three named and two unknown accused persons including the

                   present petitioner with allegation that the petitioner and one

                   other accused have caught the informant and thereafter, accused,

                   namely, Saqlain has assaulted by sharp cutting weapon on the

                   informant’s head due to which injury has been caused. The

                   accused persons have also commmitted offence with the son of

                   the informant for which another case bearing Case No.65 of
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          2025 has been lodged.

                       4. Learned Counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          also submits that the occurrence alleged to be taken place on

          12.11.2025 for which present FIR has been lodged. He further

          submits that for the same date and place of occurrence, a

          criminal case has already been lodged by the wife of the

          petitioner on 16.11.2025 against the informant and others in

          which petitioner was brutally injured and he was admitted to

          hospital. He further submits that when the petitioner was injured

          and his hand was broken then there is no question of any

          commission of act as alleged in the FIR.

                       5. Counsel submits that the criminal antecedent of the

          petitioner is not clean as there is one criminal case pending

          against him in which he is on bail. He further submits that case

          diary has been called for for ascertaining the fact of this case.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that in the case diary,

          paragraph 101 indicates the independent witness of the same

          village, who has intimated that injury has already been caused to

          the petitioner due to which treatment was going on.

                       7. As such, in the present facts and circumstances of
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                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of J.M., Darbhanga in connection with Wajitpur P.S.

                     Case No.86 of 2025, subject to the conditions as laid down U/s

                     482(2) of the BNSS, 2023.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T