Patna High Court
Javed Ekbal @ Md. Javed Ekbal @ Jabed EkbalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
Bail was denied as the injury was deemed grievous and the petitioner was considered the principal assailant.
Summary
The petitioner, Javed Ekbal, was arrested in connection with a case registered under Sections 115(2), 126(2), 118(1), 109(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, for allegedly assaulting the brother of an informant and causing a grievous head injury. The petitioner argued that the incident was a single blow arising from a petty dispute, that he is not a habitual offender, and that he has a clean antecedent, having been in custody since 13‑01‑2026. The State opposed bail, contending that the petitioner was the principal assailant. The Court, noting the grievous nature of the injury, declined to grant bail. The bail petition was therefore rejected, with the Court directing that the petitioner may file a fresh bail application after three months.
Issues considered
- Whether bail should be granted to the accused in a case involving grievous injury under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- grievous injury
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- petty dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24742 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- MATIYARIA District- West Champaran
======================================================
Javed Ekbal @ Md. Javed Ekbal @ Jabed Ekbal son of late Shekh Ekram
Resident of Village - Daraoul Madarsha tola (Naya tola Bhuski), Ps-
Matiyariya, Dist- West champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Matiyariya PS Case No. 4 of 2026 instituted for the offence
punishable under Sections 115 (2), 126 (2), 118 (1), 109 (1), 351
(2), 352, 3 (5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation is that the petitioner assaulted the
brother of the informant causing head injury.
4. Learned counsel for the petitioner submits that
this is a case of single blow and the matter arose out of petty
dispute. It is further submitted that the petitioner is not a
habitual offender and is in custody since 13.01.2026 having
clean antecedent.
Patna High Court CR. MISC. No.24742 of 2026(2) dt.16-04-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. It is
submitted that the petitioner is the main assailant.
6. Considering the fact that the injury has been
found to be grievous in nature, this Court is not inclined to grant
bail to the petitioner.
7. Prayer for bail of the petitioner is rejected.
8. However, the petitioner may renew his prayer for
bail after three months.
(Ansul, J)
M.E.H./-
U T
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