Patna High Court
Nihal Khan @ Md. NehalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Nihal Khan, was named in an FIR for allegedly assaulting an informant and his family with an iron rod and lathi, causing head and bodily injuries, purportedly with intent to cause death, arising from a land and money dispute. Medical examination revealed only tenderness and pain in the left hand and elbow of the informant's younger son, with no visible injuries, leading counsel to argue that there was no intention to cause death or repeated assault. The State opposed the bail application. The court examined the nature of the injuries, the lack of repeated assault, and the petitioner’s clean antecedent, concluding that prima facie there was no intention to cause death. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to surrender within four weeks and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite charges of assault with alleged intent to cause death under Sections 191(2), 191(3), 115(2), 352, 118(1) and 109 of the BNS.
- Whether the nature and extent of injuries negate the element of intention to cause death required for the offences.
Legislation cited
- Bihar Negotiable Statutes (BNSS) — s. 109, 115(2), 118(1), 191(2), 191(3), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- assault
- intention to cause death
- Criminal Procedure Code
- Bihar Penal Code
- land dispute
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31012 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- SAHPUR District- Bhojpur
======================================================
Nihal Khan @ Md. Nehal S/o Razak Khan @ Abdul Razaque Resident of
Village - Bagahin, P.S - Shahpur, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Khalid Faizan, Adv
Mr. Adarsh Singh, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-05-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Shahpur P.S.
Case No. 16 of 2026 registered for the offences punishable
under Sections 191(2), 191(3), 115(2), 352, 118(1), 109
of BNS.
3. Petitioner alleged to assault informant and his
family members by using iron rod, lathi etc., causing head
and bodily injuries, where alleged assault was made with an
intention to cause their death. Occurrence alleged to be
arising out of land and money dispute.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.31012 of 2026(2) dt.13-05-2026
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behalf of the petitioner that as per FIR petitioner alleged to
assault the younger son of informant namely, Md. Ibrar
Khan. It is pointed out that nature of injury which found
upon medical examination was tenderness / pain in left hand
and elbow, suggesting that no visible injury was caused by
this petitioner to Md. Ibrar Khan. It is not alleged that the
petitioner assaulted repeatedly to Md. Ibrar Khan, the
younger son of the informant during the occurrence. It is
submitted that taking a collective note of manner of assault
and nature of injury it can be safely said that petitioner was
not under intention to cause death of the injured. In support
of his submission learned counsel relied upon the legal report
of Hon’ble Supreme Court as available through State of
Himachal Pradesh vs. Shamsher Singh reported in 2025
INSC 503 . Petitioner claimed clean antecedent.
5 Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact petitioner prima-facie not appears alleged
to cause repeated assault during the occurrence, coupled
with the fact that injury as alleged to caused by this
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petitioner found upon non vital part of the body prima-facie
negating intention to cause death, accordingly petitioner
above-named, in the event of his arrest or surrender before
the court below within a period of four weeks, is directed to
be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM I, Bhojpur (Ara)
/concerned Court, where the case is pending in connection
with Shahpur P.S. Case No. 16 of 2026, subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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