Patna High Court
Md. Nakki KureshiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Md. Nakki Kureshi, was arrested in connection with a case registered under Sections 115(2), 126(2), 118(2) and 109 of the B.N.S., alleging that he assaulted two persons, Md. Dablu and Md. Fizan, with a knife. The prosecution’s case rests on the FIR alleging a knife attack, while the petitioner’s counsel highlighted an injury report indicating injuries caused by a hard blunt object, creating a factual inconsistency. The petitioner asserted his innocence, claimed false implication, and pointed out his clean criminal record and that he had been in judicial custody since 24‑07‑2025. The State opposed bail, but the Court, after considering the discrepancy in the medical evidence and the petitioner’s lack of prior offences, decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Sessions Judge‑XIX, Bhagalpur.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged offences under the B.N.S.
- Whether the injury report undermines the prosecution’s allegation of a knife assault
- Whether the petitioner poses a flight risk or a risk of tampering with evidence
Legislation cited
- B.N.S. — s. 109, 115(2), 118(2), 126(2)
Subjects
- bail
- assault
- injury report
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20696 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
Md. Nakki Kureshi, S/o Late Riazul Qureshi, R/o vill- Maulanachak, Miyan
Sahab Maidan, P.S.- Mojahidpur, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Mojahidpur P.S. Case No.90 of 2025 registered for the
offence punishable under Sections 115(2), 126(2), 118(2) and
109 of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner has assaulted with knife to one Md. Dablu and Md.
Fizan.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the injury report which is annexed at
Annexure-2 Series it will transpire that the doctor has opined
Patna High Court CR. MISC. No.20696 of 2026(2) dt.01-04-2026
2/2
that the nature of injury is simple probably due to hard blunt
object. It has further been submitted that from perusal of the
F.I.R. it is clear that there is allegation against the petitioner that
he has assaulted with knife whereas the injury report goes to
show that the injuries received by the injured is caused by hard
and blunt substance. The injuries do not correlate with the
allegation. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 24.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge-XIX, Bhagalpur in connection with
Mojahidpur P.S. Case No.90 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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