Patna High Court
Md. Ashique @ TamannaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, the injuries were not caused by a knife and therefore the petitioners were entitled to bail.
Summary
Eight accused were arrested in connection with Babubarahi Police Station Case No.47 of 2024, charged under several IPC sections for assaulting an informant and his family, including an alleged knife attack on the informant's daughter. The petitioners contended that the allegations were vague and that the medical report showed injuries caused by a blunt object, not a knife, rendering the charge of assault with a sharp weapon prima facie false. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences. The court examined the medical evidence and found the injuries to be simple and caused by blunt force, concluding that there was no basis to deny bail. Consequently, the court ordered the release of all eight petitioners on bail of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the alleged knife injury, as described in the FIR, justifies denial of bail.
- Whether the medical report indicating blunt-force injuries negates the charge of assault with a sharp weapon.
- Whether the petitioners are entitled to bail under Section 438 of the CrPC given the nature of the offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 147, 307, 323, 324, 34, 341, 379, 504
Subjects
- bail
- IPC sections
- assault
- knife injury
- medical report
- prima facie
- CrPC Section 438
- CrPC Section 482
- Madhubani
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29140 of 2025
Arising Out of PS. Case No.-47 Year-2024 Thana- BABUBARHI District- Madhubani
======================================================
1. Md. Ashique @ Tamanna, Son of Md. Anzeem R/o Bhanpur, P.S.-
Babubarahi, District- Madhubani.
2. Md. Jakir @ Jakir, Son of Md. Anzeem, R/o Bhanpur, P.S.- Babubarahi,
District- Madhubani.
3. Md. Hanan, Son of Md. Kalim, R/o Bhanpur, P.S.-Babubarahi, District-
Madhubani.
4. Tanjila Khatoon, Daughter of Md. Hanan, R/o Bhanpur, P.S.- Babubarahi,
District- Madhubani.
5. Md. Irfan, Son of Md. Saiyed, R/o Bhanpur, P.S.-Babubarahi, District-
Madhubani.
6. Khodeja @ Bibi Khodeja, Daughter of Md. Ibrar, R/o Bhanpur, P.S.-
Babubarahi, District- Madhubani.
7. Chano Khatoon Daughter of Md. Saiyed, R/o Basaha, P.S.- Babubarahi,
District- Madhubani.
8. Jaiyda Khatoon Daughter of Md. Saiyed, R/o Bhanpur, P.S.- Babubarahi,
District- Madhubani.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
Ms. Nitu Kumari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners
and learned Additional Public Prosecutor for the
State.
2. The accused/petitioners are named in
the FIR and apprehending their arrest in
connection with Babubarahi P.S. Case No.47 of
2024 registered under Sections 147, 341, 323,
Patna High Court CR. MISC. No.29140 of 2025(3) dt.21-01-2026
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324, 307, 379 and 504 read with 34 of the Indian
Penal Code.
3. As per FIR, all named co-accused
persons, who are eight in numbers are petitioner in
present bail petition, alleged to assault informant
and his family members, where during the course
of occurrence informant received injury and
daughter of informant Anjima Khatoon was also
alleged to be assaulted by using knife, which
caused injury on her hand.
4. It is submitted by learned counsel
appearing for the petitioners that the allegation
qua physical assault is appearing very much
general and omnibus in nature. It is submitted that
the allegation as to cause injury by knife is
appearing prima facie false on its face in view of
injury report of injured Anjima Khatoon, which said
to be caused by hard and blunt substance and was
inflicted on right forearm near wrist joint, which
upon medical examination found simple in nature.
It is submitted that the injured namely, Md. Guddu
and Anjima Khatoon also received injuries by using
Patna High Court CR. MISC. No.29140 of 2025(3) dt.21-01-2026
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hard and blunt substance and their injuries are also
simple in nature. Explaining criminal antecedent, it
is submitted that petitioners found involved in one
more criminal case i.e. Babubarhi P.S. Case No.9 of
2024, which was lodged by the agnates/family
members of the informant.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions
and by taking note of fact as prima facie none of
the injuries found to be caused by sharp edged
weapon like knife and are simple in nature,
accordingly, all above-named eight petitioners, in
the event of their arrest or surrender in the court
below within a period of four weeks, are directed to
be released on bail 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 Additional District and Sessions
Judge-IV, Madhubani in connection with Babubarhi
P.S. Case No.47 of 2024, subject to the conditions
as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.29140 of 2025(3) dt.21-01-2026
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(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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