Created by Fuzzy Cloud

Patna High Court

Md. Neyaz Alam @ Neyaz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.