Patna High Court
Md. Neyaz Alam @ Neyaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, surrender within eight weeks, and compliance with Section 482(2) of the BNS.
Summary
The petitioner, Md. Neyaz Alam, sought bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for allegedly causing an incised wound on the vital part of the informant's son. The FIR alleged the injury, but a medical report described it as simple. The petitioner asserted a clean antecedent. The State opposed the bail application. Considering the nature of the injury, the petitioner's clean record, and other circumstances, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to surrender within eight weeks and compliance with Section 482(2) of the BNS.
Issues considered
- Whether bail should be granted in a case involving offences under sections 126, 115(2), 122(2), 109, 74, 352, 351(2) and 3(5) of the BNS.
- Whether the nature of the injury and the petitioner's clean antecedent justify bail.
- Whether the petitioner poses a flight risk or threat to the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 122(2), 126, 3(5), 351(2), 352, 482(2), 74
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- incised wound
- clean antecedent
- Section 482
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1719 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Mehsoul District- Sitamarhi
======================================================
Md. Neyaz Alam @ Neyaz Alam Son of Sattar Ansari @ Abdul Sattar
Mansuri Resident of Village- Rajopatti, Ward No. 29, P.S.- Mehsaul, District-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126, 115 ( 2 ), 122
( 2 ), 109, 74, 352, 351 ( 2 ) and 3 (5) of BNS.
3 . As per F.I.R, informant alleged, that this petitioner
caused incised wound on vital party of the body of son of
informant. Doctor has found the injury simple in nature .
Petitioner claims clean antecedent.
4. Learned counsel for the State opposed the bail
petition .
5 . Considering the aforesaid facts, nature of injury ,
clean antecedent of the petitioner and other circumstances of
Patna High Court CR. MISC. No.1719 of 2026(2) dt.28-01-2026
2/2
the case , in the event of arrest or surrender within eight weeks
from today, let the petitioner, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned CJM Sitamarhi in connection with Mehsaul P.S. Case
No. 81 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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