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Patna High Court

Md. Istekhar Alam @ Iftekhar Ansari @ RajuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the nature of the injury and seriousness of the offences warranted custody.

Summary

The petitioner, Md. Istekhar Alam, was implicated in a FIR alleging that he stabbed an informant with a knife, causing a grievous injury as certified by a doctor. He faced charges under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) and 61(2) of the Bhartiya Nyaya Sanhita, 2023, and applied for anticipatory bail. The court examined the seriousness of the alleged offences and the nature of the injury. Considering the gravity of the injury and the offences, the court concluded that the petitioner was not entitled to anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged stabbing resulting in grievous injury under the specified sections of the Bhartiya Nyaya Sanhita, 2023?

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • section 126
  • section 115
  • section 118
  • section 109
  • section 352
  • section 351
  • section 3
  • section 61

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1870 of 2026
                     Arising Out of PS. Case No.-570 Year-2025 Thana- CHAPRA TOWN District- Saran
                  ======================================================
                  Md. Istekhar Alam @ Iftekhar Ansari @ Raju Son of Md. Jalil Resident of
                  Mohalla - Rahat Road, Imamganj, Ps - Chapra Town Thana, Dist- Saran

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Ashok Kumar Gupta
                  For the Opposite Party/s :      Mr.Tapeshwar Sharma
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    29-01-2026                    Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case,

                    registered for offence under Sections 126(2), 115(2), 118(1),

                    109, 352, 351(2), 3(5), 61(2) of Bhartiya Nyaya Sanhita, 2023.

                                 3. As per F.I.R., petitioner is alleged to have stabbed

                    informant with knife. Doctor has found the injury grievous.

                                 4. Considering the nature of injury, the prayer for

                    anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay/-

U        T


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