Patna High Court
Md. Anwar @ Anwar @ Anwar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 351(2), 351(3)(5), 76
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
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
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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/-
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