Patna High Court
Dilshad @ Md. DilshadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to bond and surety conditions and the requirement of cooperation with the investigation and trial.
Summary
The petitioners, Dilshad and Raiyan, sought bail in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, alleging they were falsely implicated in a fight over road construction. The prosecution alleged that petitioner No.1 caught the informant and petitioner No.2 inflicted a knife wound on the victim's chest. The petitioners contended that the incident was a mutual altercation resulting in minor injuries and that they have no criminal antecedent, offering to cooperate with the investigation. The State opposed the bail application. Considering the nature of the injury, the petitioners' clean record, and the fact that a co‑accused had already been granted anticipatory bail, the court ordered bail on the condition of a Rs.10,000 bond, two sureties, and cooperation with the trial, with the possibility of cancellation for non‑appearance.
Issues considered
- Whether bail should be granted to the petitioners under the provisions of the Bharatiya Nyaya Sanhita.
- Whether the seriousness of the alleged offences and the nature of the injury warrant denial of bail.
- Whether the petitioners' clean antecedent and willingness to cooperate justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- injury assessment
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24271 of 2026
Arising Out of PS. Case No.-320 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
1. Dilshad @ Md. Dilshad S/O Rafique @ Md. Rafique R/O Village-
Pilakhwara, P.S- Keoti, Distt.- Darbhanga.
2. Raiyan @ Md. Raiyan S/O Md. Naseem R/O Village- Pilakhwara, P.S-
Keoti, Distt.- 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. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(1), 109(1), 303(2),
352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, allegations against the
petitioners are that petitioner no. 1 caught the informant and
petitioner no. 2 gave knife blow which hit on his chest.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that the incident took place
out of some verbal altercation between the parties with regard to
Patna High Court CR. MISC. No.24271 of 2026(2) dt.17-04-2026
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road construction, which resulted into free fight in which both
sides sustained injuries. There is case and counter case between
the parties. The nature of the injury to the injured is simple
caused by hard and blunt object. Co-accused Md. Shamim has
been granted anticipatory bail by a Co-ordinate Bench of this
Court vide order dated 10.04.2026 passed in Cr. Misc. No.
23240 of 2026. Petitioners have no criminal antecedent. They
undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties,
nature of injury and fair antecedent, let the above named
petitioners be released on bail, in the event of arrest or surrender
before the learned court below within a period of six weeks
from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-IX,
Darbhanga in connection with Keoti P.S. Case No. 320 of 2025,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita with further condition:-
(i) Petitioners shall co-operate in the investigation and
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trial and shall remain present on each and every date during trial
and in his absence on two consecutive dates, the trial court is at
liberty to cancel his bail bond.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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