Patna High Court
Md. ShamimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that anticipatory bail should be granted to the petitioners, subject to specified conditions.
Summary
The petitioners, Md. Shamim and Md. Sajjad, sought anticipatory bail after an FIR alleged they assaulted an informant and his brothers during a verbal dispute over road construction. The FIR listed offences under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioners contended that the incident was a spontaneous altercation, no grievous injury was caused, and the allegations were weak, especially noting that the alleged head injury was not substantiated. The State opposed bail, relying on the FIR allegations. Considering the case‑and‑counter‑case nature of the dispute and lack of serious injury, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, a relative as a bailor, and cooperation with the investigation, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. and Section 482 BNSS in view of the FIR allegations.
- Whether the alleged assault and related offences under the BNSS warrant arrest without bail.
- Whether the absence of grievous injury and the existence of a case‑and‑counter‑case affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- FIR
- BNSS
- Section 438
- Section 482
- criminal procedure
- road construction dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23240 of 2026
Arising Out of PS. Case No.-320 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
1. Md. Shamim Son of Late Md. Ishaque Resident of village - Rampur, P.S.-
Sadar, District - Darbhanga.
2. Md. Sajjad Son of Md. Azim Resident of village - Pilakhwara, P.S.- Keoti,
District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parwej Khan, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 118(1), 303(2), 352, 351(2) & 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioners along with others have abused and assaulted
the informant and his brothers.
4. Learned counsel for the petitioners submits that it
would be evident from the First Information Report itself that
the incident took place out of some verbal altercation between
the parties with regard to road construction which further
Patna High Court CR. MISC. No.23240 of 2026(2) dt.10-04-2026
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escalated into acts of assault. So far as the petitioner no.4 is
concerned, the allegation upon him is confined to assaulting
Hamid Hussain, the brother of the informant by means of
cricket bat on his head, but the injury report (Annexure-P/3
series) of Hamid Hussain, indicates that there is no head injury
on the said Hamid Hussain. Further, the allegation on petitioner
no.2 is only that of snatching away mobile phone of the brother
of the informant. It is further submitted that no one has received
any grievous injury in the entire incident and there is case and
counter case between the parties, who are gotiyas.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there is case and
counter case and the dispute arose between the parties at the
spur of the moment, let the above named petitioners, be released
on bail, in the event of their arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Patna High Court CR. MISC. No.23240 of 2026(2) dt.10-04-2026
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Court in connection with Keoti P.S. Case No. 320 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to the condition(s) that:
(i) One of the bailors will be their own
blood relative.
(ii) The petitioners shall co-operate with the
investigation, if not already concluded and make
themselves available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of their bail bond.
(Soni Shrivastava, J)
anand/-
U T
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