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Patna High Court

Md. Anwar @ Anwar @ Anwar AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, finding the injuries simple and no criminal antecedent.

Summary

The petitioner, Md. Anwar, sought anticipatory bail in connection with a criminal case (PS Case No. 135 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, arising from an alleged assault on the informant's son with a knife that caused simple injuries. The prosecution alleged that Anwar and co‑accused attacked the victim with lathis and a knife, and also assaulted the informant and her daughter‑in‑law. The petitioner contended that there was no intention to cause serious injury, the injuries were minor, and he had no prior criminal record. The State opposed the bail. Considering the nature of the injuries, the lack of criminal antecedents, and applying the provisions of Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, the Court granted anticipatory bail with a bond of Rs.10,000 and specific conditions. The order directs the petitioner to appear before the trial court and imposes conditions to prevent witness tampering and further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged assault resulting in simple injuries.
  • Whether the petitioner’s lack of criminal antecedent and the nature of injuries justify bail under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • simple injury
  • criminal antecedent
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bhartiya Nagarik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29823 of 2026
                      Arising Out of PS. Case No.-135 Year-2025 Thana- ABADPUR District- Katihar
                 ======================================================
                 Md. Anwar @ Anwar @ Anwar Alam S/O Majanu R/O vill.- Sattar Ghat,
                 Sankola, Dist- Katihar also resides at Maltipur, Abadpur, Distt.- Katihar
                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Helal Ahmad
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   24-06-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Abadpur P.S. Case No. 135 of 2025, F.I.R dated

                   20.12.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 76, 351(2)/3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                               3. According to prosecution case, the informant had

                   an altercation with the wife of the petitioner, namely Kazlee

                   Khatun. On 13.12.2025 at about 8:00 p.m., when the informant's

                   son, Md. Nasir, had gone to a tea shop, the petitioner, Md.

                   Anwar, along with the co-accused persons, allegedly arrived

                   there armed with lathis and dandas, surrounded him, and

                   assaulted him. Upon hearing the commotion, the informant and

                   her daughter-in-law, Mehruna Khatun, reached the spot and

                   allegedly found the accused persons assaulting Md. Nasir. On
Patna High Court CR. MISC. No.29823 of 2026(3) dt.24-06-2026
                                            2/3




          protest, the petitioner attempted to assault Md. Nasir with a

          knife and, during the ensuing scuffle to snatch the weapon, the

          knife struck the forehead of Md. Nasir, causing bleeding

          injuries. The prosecution further alleges that during the

          occurrence, co-accused Aali and Salim tore the sarees of the

          informant and her daughter-in-law.

                      4. Learned counsel for the petitioners, referring to the

          contents of the FIR, submits that the petitioners had no intention

          to cause any injury and that the injuries sustained by the

          informant's son occurred during the course of a scuffle and

          snatching. It is further submitted that the injuries sustained by

          the injured have been found to be simple in nature. Lastly, it is

          submitted that the petitioners have no criminal antecedents.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                        6. Considering the aforesaid facts and circumstances

          and taking into account that the injuries are simple in nature and

          that the petitioner has no criminal antecedent, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioner.

                        7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a
               Patna High Court CR. MISC. No.29823 of 2026(3) dt.24-06-2026
                                                           3/3




                         period of thirty days from the date of receipt of the order, be

                         released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of the learned ACJM-III, Katihar in connection with

                         Abadpur P.S. Case No.135 of 2025 , subject to the conditions as

                         laid down under Section 482(2) of the Bhartiya Nagarik

                         Suraksha Sanhita and with other following conditions:-

                                                    (i) one of the bailors should be the family
                                         member/relative/known of the petitioner(s) who
                                         shall provide official document/personal affidavit
                                         to show his/her bona fide;
                                                    (ii) the petitioner(s) shall appear on each
                                         and every date before the Trial Court and failure to
                                         do so for two consecutive dates without plausible
                                         reason will entail cancellation of his/her/their bail
                                         bond by the Trial Court itself;
                                                    (iii) the petitioner(s) shall in no way try
                                         to induce or promise or threat the witnesses or
                                         tamper with the evidences, failing which the State
                                         shall be at liberty to take steps for cancellation of
                                         the bail bonds;
                                                    (iv) the petitioner(s) shall desist from
                                         committing any criminal offence again, failing
                                         which the State shall be at liberty to take steps for
                                         cancellation of their bail bonds.



                                                                              (Ajit Kumar, J)
shikha/-

U          T


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