Patna High Court
Shekh Azam @ AzamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Shekh Azam was arrested on 9 October 2025 in connection with a case involving alleged knife assault on a child, charged under several sections of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case is based on a phone report from an informant, who was not an eye‑witness, and attributes the assault primarily to a co‑accused, Saddam Hussain, who had already been granted bail. The petitioner argued that he has a clean antecedent and that the allegations against him are false and fabricated. The court noted the petitioner’s clean record, the fact that the specific assault allegation is directed at the co‑accused, and the bail already granted to the co‑accused. Accordingly, the court ordered the release of the petitioner on bail of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioner’s clean antecedent and the fact that the primary assault allegation is against a co‑accused justify bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- false implication
- clean antecedent
- Bharatiya Nyay Sanhita
- co-accused bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22637 of 2026
Arising Out of PS. Case No.-30 Year-2025 Thana- ARRABARI District- Kishanganj
======================================================
Shekh Azam @ Azam S/O Shekh Jauvad @ Shekh Januyad R/O Village-
Siswa Purvi Shahbad Tola, P.S- Banjariya, District- East Champaran
(Motihari).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Rajeev Ranjan, learned counsel for the
petitioner as well as Mr. Ajit Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.10.2025 in connection with Arrabari P.S. Case No. 30 of
2025, F.I.R. dated 08.10.2025 for the offences punishable under
Sections 118(2), 126(2), 115(2), 109, 352, 3(5) of the Bharatiya
Nyay Sanhita, 2023.
3. According to prosecution case, the informant was
informed on phone that petitioner along with other accused
persons inflicted knife blow on her son due to which her son got
injured and later he was taken to hospital for treatment. When
the informant came to Kishanganj on 08.10.2025 and met her
Patna High Court CR. MISC. No.22637 of 2026(2) dt.07-04-2026
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son in Family Nursing Home.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Informant is not the eye
witness of the alleged occurrence and specific allegation of
assault is attributed against co-accused, namely, Saddam
Hussain, who has been granted the privilege of bail by co-
ordinate Bench of this Court vide order dated 25.02.2026 in Cr.
Misc. No. 5337 of 2026. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 09.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and specific allegation of assault
is attributed against co-accused who has been granted the
privilege of bail by co-ordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Sessions
Judge, Kishanganj in connection with Arrabari P.S. Case No. 30
Patna High Court CR. MISC. No.22637 of 2026(2) dt.07-04-2026
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of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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