Patna High Court
Md. AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Md. Ali, feared arrest in a case alleging assault with a rod, filed under multiple sections of the B.N.S. He claimed the charges were fabricated due to a petty neighbor dispute and asserted his innocence, clean antecedents, and that the injuries were minor. The State opposed his request for anticipatory bail. The court examined the nature of the alleged injuries, the petitioner’s clean record, and the circumstances of the case. It concluded that the petitioner was entitled to anticipatory bail and ordered bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The order applies if arrest occurs within eight weeks of the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. despite the serious nature of the alleged offences
- Whether the allegations constitute a false or concocted case warranting denial of bail
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- false case
- neighbor dispute
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2062 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
Md. Ali S/O Md. Din Nadaf Resident of loam, P.S- Sadar,Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Kaushal Kumar, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard Mr. Kaushal Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Pramod Kumar Pandey,
learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118, 109, 117(2), 74, 351(2), 352(5) and 3(5) of the
B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, having rod in his hand, assaulted informant over his
head and other parts of the body.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Both parties are next door neighbors and
due to petty dispute, this false and concocted case has been
lodged. Doctor has found the injuries, allegedly caused by this
Patna High Court CR. MISC. No.2062 of 2026(2) dt.31-01-2026
2/2
petitioner, simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of injuries sustained by the injured and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 learned IXth Additional Chief Judicial
Magistrate, Darbhanga in connection with Kewati P.S. Case No.
237 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…