Patna High Court
Md. Jasim @ Jasim @ Jasim AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that bail could not be granted and dismissed the regular bail application.
Summary
The petitioner, Md. Jasim, was arrested on 22 January 2026 in connection with an alleged stabbing incident that allegedly occurred on 19 May 2025 after a drug‑related altercation. He applied for regular bail, claiming a clean antecedent, that the injuries inflicted were minor, and that the parties had compromised. The State opposed bail, emphasizing that the offences under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2) and 3(5) of the Bihar National Security Act, 2023 are non‑compoundable and that the petitioner might abscond or tamper with evidence. The Court considered the seriousness of the charges, the non‑compoundable nature of the offences, and the risk of interference with the investigation. Consequently, the Court rejected the regular bail application.
Issues considered
- Whether regular bail can be granted to the petitioner under the Bihar National Security Act, 2023 for the alleged offences.
- Whether the offences alleged are compoundable or non‑compoundable.
- Whether the alleged compromise between parties affects the bail decision.
- Whether there is a risk of the petitioner absconding or tampering with evidence if released on bail.
Legislation cited
- Bihar National Security Act, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- regular bail
- non‑compoundable offences
- Bihar National Security Act
- criminal procedure
- abscondment risk
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22014 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Md. Jasim @ Jasim @ Jasim Akhtar Son of Jalaluddin R/o Village -
Mahingaon, Gidhabasti Kasera, P.S. - Kishanganj in the district of
Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 126(2), 115(2), 118(1),
109(1), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 22.01.2026 and the informant alleges that he works as a
Guard in APHC Hospital and on 19.05.2025 at 08:30 PM, he
saw petitioner and Arman taking smack, on objection, Arman
caught him and petitioner stabbed him by knife causing injury
on neck, stomach and chest.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that even injuries suffered by
Patna High Court CR. MISC. No.22014 of 2026(2) dt.12-05-2026
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the injured have been opined to be simple in nature. It is next
submitted that parties have compromised.
5. Learned A.P.P. for the State vehemently opposes
the regular bail application of the petitioner and submits that
there is a specific allegation against the petitioner of stabbing
the informant causing injury on neck, stomach and chest. It is
also submitted that the offences for which the instant FIR was
instituted are not compoundable, but if the parties have
compromised that amply demonstrates the influence of the
petitioner. It is next submitted that if privilege of regular bail is
granted, the petitioner may abscond or try to tamper with the
evidence even.
6. Considering the submissions made by the learned
APP for the State, the Court is not inclined to release the
petitioner on bail.
7. Accordingly, the instant regular bail application
stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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