Patna High Court
Md. Fariyaz @ Faiyaj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the injury was simple, prima facie negating any intention to cause death, and consequently granted bail to the petitioners.
Summary
The petitioners, Md. Fariyaz and Md. Azad, were named in an FIR (Baheri P.S. Case No. 472 of 2025) for multiple offences under the Bihar Negotiable Statutes (BNS), including assault causing bodily injury with alleged intent to cause death. The alleged incident involved an assault on the informant's daughter arising from a neighbourhood dispute. The petitioners contended that the injury was simple, not repeated, and did not demonstrate the requisite intention to cause death, citing factors such as the nature of the weapon, body part injured, and post‑incident conduct. Relying on the Supreme Court decision in State of Himachal Pradesh v. Shamsher Singh (2025), they argued that bail should be granted. The court accepted that the injury was simple and prima facie negated any intention to cause death, and therefore ordered bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS.
Issues considered
- Whether the facts alleged in the FIR establish an intention to cause death sufficient to deny bail.
- Whether the nature and severity of the injury constitute a simple injury that negates the intention element.
- Whether bail can be granted under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 303(2)j, 308(2), 324(4), 329(4), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- intention to cause death
- assault
- simple injury
- Criminal Procedure Code
- Bihar Negotiable Statutes
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30050 of 2026
Arising Out of PS. Case No.-472 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
1. Md. Fariyaz @ Faiyaj Alam S/O Md. Mustaque @ Md Mustak R/O Vill.-
Baligaon, P.S.- Baheri, Dist.- Darbhanga
2. Md. Azad S/O Md. Shamshul @ Md. Shamsul R/O Vill.- Baligaon, P.S.-
Baheri, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shweta Anand
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Baheri P.S. Case No.
472 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 191(2), 190, 109(1), 118(1), 329(4),
308(2), 324(4), 351(2), 352 and 303(2)j of the BNS.
3. As per FIR, petitioners alleged to assault daughter
of informant causing bodily injuries, where injury as alleged to
caused by petitioner was made with an intention to cause death.
Occurrence alleged to be arises out of trivial neighborhood
disputes and differences.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that parties are in enmical terms, which
Patna High Court CR. MISC. No.30050 of 2026(2) dt.11-05-2026
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can be gathered from the fact that after the occurrence
petitioner’s side also lodged the case against petitioner and family
registered as Baheri P.S. Case No. 479 of 2025. It is submitted
that allegation against petitioner no. 1 is limited as to caught hold
hair of the wife of the informant, whereas allegation against
petitioner no. 2 is to assault daughter of informant causing head
injury, but it was not repeated and upon medical examination
nature of injury was found simple in nature. In this context it
pointed that merely as the injury was inflicted on vital part of the
body, petitioner can not be said under intention to cause death as
to constitute the same, several factors are required be taken into
consideration i.e., manner of occurrence, manner of assault,
nature of weapons used for assault, body part where assault was
made, nature of injuries and pre and post conduct of accused
persons. In support of her submission learned counsel relied upon
the legal report of Hon’ble Supreme Court as available through
State of Himachal Pradesh Vs. Shamsher Singh, [2025 SCC
OnLine SC 807].
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as injury which alleged to be caused by
accused petitioners not appears repeated, which found to cause
Patna High Court CR. MISC. No.30050 of 2026(2) dt.11-05-2026
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simple injury, prima-facie negating intention to cause death,
accordingly both above-named petitioners, in the event of their
arrest or surrender before the court below within a period of four
weeks, are directed to be released on bail, 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 ACJM-VII,
Darbhanga/concerned Court, where the case is pending in
connection with Baheri P.S. Case No. 472 of 2025 , subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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