Patna High Court
Shekh Ahmad @ AhmadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail may be granted subject to conditions, given the petitioner’s clean antecedent and the circumstances of the case.
Summary
The petitioner, Shekh Ahmad, sought anticipatory bail after being implicated in a case (Birpur P.S. Case No.189 of 2025) under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging assault, theft, and indecent behavior during a land dispute. The prosecution alleged that the petitioner, along with co‑accused, assaulted an informant and injured Jabir Khan with an iron rod, and also stole a gold locket. The petitioner contended that he was falsely implicated, the injuries were simple, and the incident stemmed from a land dispute, emphasizing his clean antecedent. The State opposed the bail. Considering the nature of the allegations, the petitioner’s clean record, and the possibility of surrender within six weeks, the court granted anticipatory bail on condition of furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S., 2023. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the serious charges framed against him.
- Whether the petitioner’s clean antecedent and the nature of the alleged offences justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115, 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 482(2), 75
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- land dispute
- assault
- theft
- indecent behavior
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20818 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Shekh Ahmad @ Ahmad Son of Late Mumtaj, R/o Village - Basmatiya, Ward
No. 01, P.S. - Basmatiya, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Birpur P.S. Case No.189 of 2025 instituted under Sections
126(2), 115, 118(1), 303(2), 109, 75, 329(3), 352, 351(2), 3(5)
of the B.N.S., 2023.
3. As per the prosecution case, the petitioner
alongwith other co-accused persons and 7-8 unknown
miscreants armed with various weapons started ploughing the
ancestral land of informant by tractor. When the informant
objected the same, all the accused persons started abusing and
assaulting her. It is alleged that petitioner with intention to kill
assaulted one Jabir Khan on his head causing head injury. It is
further alleged that other co-accused persons took away gold
Patna High Court CR. MISC. No.20818 of 2026(2) dt.18-04-2026
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locket worth Rs.55,000/- from the neck of Rani Sahnaj and tore
her suit and salwar and also started behaving indecently.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that specific allegation against the
petitioner is that he assaulted Jabir Khan by iron rod on his head
but the injury report of injured Jabir Khan shows that the injury
is simple in nature. Learned counsel submits that there is land
dispute between the parties due to which free fight taken place
between them and both the parties got injured. He further
submits that there is case and counter case between the parties
and the injuries to the injured are simple in nature. Learned
counsel submits that petitioner has got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.20818 of 2026(2) dt.18-04-2026
3/3
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned A.C.J.M., Birpur, District
Supaul/ concerned Court in connection with Birpur P.S. Case
No.189 of 2025, subject to the conditions laid down in Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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