Patna High Court
Md. Bahab ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Md. Bahab Shah, was arrested in connection with a case alleging assault on the informant's parents-in-law using a spade and an iron rod, resulting in injuries including a fractured skull. He contended that he was falsely implicated due to a land dispute and that the injuries were not serious. The prosecution opposed bail, citing the nature of the offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The court considered the facts, the charge‑sheet filing, and the petitioner’s custody since 15 January 2026, and applied Section 480(3) of the BNSS. It ordered his release on bail with a Rs.10,000 bond, two sureties, and specific conditions, including attendance in court and cancellation upon violation.
Issues considered
- Whether the petitioner is entitled to bail under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023 despite the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(109), 126(115(2)), 126(117(2)), 126(118(2)), 126(190), 126(191(2)), 126(20), 126(351(2)), 126(352), 480(3)
Subjects
- bail
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- false implication
- land dispute
- injury
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30376 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- SABAUR District- Bhagalpur
======================================================
Md. Bahab Shah S/O Late Rafik Shah R/O Vil.- Amdar, P.s- Sabour, District-
Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sabour P.S. Case No. 15 of 2026 registered for
the alleged offences under Sections 126(20, 190, 191(2), 115(2),
118(2), 109, 117(2), 351(2), 352 of Bharatiya Nyaya Sanhita,
2023.
03. As per prosecution case, petitioner and other co-
accused persons abused and assaulted the mother-in-law of the
informant with spade and also assaulted the father-in-law of the
informant with iron rod, causing injuries to them.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. No occurrence in the manner as alleged has ever taken
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place. The petitioner and informant side belong to same family
and due to land dispute, the petitioner and other co-accused
have been dragged in this case. Learned counsel further submits
that no person has received any serious injury and injury report
of the mother-in-law of the informant shows one of the injuries
is fracture of left temporoparietal bone which is said to be
grievous in nature. Learned counsel further submits that charge-
sheet has been submitted and the petitioner is having antecedent
of one case. The petitioner is in custody since 15.01.2026.
05. Learned APP for the State opposes the prayer for
bail.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bhagalpur in
connection with Sabour P.S. Case No. 15 of 2026, subject to the
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.30376 of 2026(2) dt.11-05-2026
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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