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Patna High Court

Dilshad @ Md. DilshadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
            Patna High Court CR. MISC. No.24271 of 2026(2) dt.17-04-2026
                                                        3/3




                      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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