Patna High Court
Md. Jahid @ Md. ShamsherversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted as the petitioner’s clean antecedent and the simple nature of the alleged injury warranted relief under Section 482(2).
Summary
The petitioner, Md. Jahid, sought anticipatory bail after an FIR alleged he assaulted an informant with a weapon, invoking multiple offences under the Bharatiya Nyaya Sanhita. He contended that he was innocent, the injury caused was simple, and he had a clean antecedent. The State opposed the bail, arguing the seriousness of the charges. The Court considered the nature of the accusation, the alleged injury, and the petitioner's clean record. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court granted anticipatory bail, directing that if arrested within eight weeks he must furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving multiple serious offences?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 127(2), 190, 303(2), 308(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- clean antecedent
- bail bond
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3159 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Md. Jahid @ Md. Shamsher Son of Md. Khurshid @ Md. Khurshid Alam
Alias Khurshid Alam R/o Village - Goshpur, Ward No. 17, P.S. - Dalsingsarai,
Distt. - Samsastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 127(2),
308(2), 190, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of informant with farsa.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by this petitioner is simple in nature. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
Patna High Court CR. MISC. No.3159 of 2026(2) dt.02-02-2026
2/2
6. Considering backdrop of the case, nature of
accusation, injury and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Additional
Chief Judicial Magistrate-I, Dalsinghsarai, Samastipur in
connection with Dalsinghsarai P. S. Case No. 253 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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