Patna High Court
Jamil AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, directing release on a bond with two sureties.
Summary
The petitioner, Jamil Akhtar, was arrested for alleged assault with a knife on an informant and his son, resulting in head and neck injuries, under Sections 126(2), 115(2), 118(1), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He claimed the incident stemmed from a land dispute, asserting that both parties had filed cases and that the injuries were simple in nature. The State opposed bail, emphasizing the specific assault allegation. The Court examined the circumstances, noting the mutual injuries, the simple character of the wounds, and the pending land‑dispute context. Accordingly, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the lower court where the main case is pending.
Issues considered
- Whether bail should be granted to the petitioner despite the serious assault charges under the Bharatiya Nyaya Sanhita, 2023
- Whether the nature and severity of the injuries justify denial of bail
- Whether the existence of a land‑dispute and reciprocal injuries affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- knife attack
- land dispute
- simple injuries
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33744 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- Bijdhari District- East Champaran
======================================================
Jamil Akhtar S/o Mohammad Shakil Resident of Village- Rampur Korar, P.S.-
Bijdhari, Post- Kesharia, Dist.- East Champaran, Bihar- 843112
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Amit, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No.1, APP
For the Informant : Mr. Madhurendra Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner, learned counsel
for the informant and learned APP for the State through virtual
mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 351(2),
352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he
assaulted the informant and his son with knife due to which they
sustained injuries on head and neck.
4. It is submitted by learned counsel for the petitioner
that the present case arises out of a land dispute and there is case
from both the sides, rather the case lodged by the petitioner’s side
is earlier in point of time. It is further submitted that both the
parties are close neighbours and petitioner’s wife also sustained
vital injury on her head. There is allegation of assault by means of
knife against the petitioner but the fact of the matter is that the
Patna High Court CR. MISC. No.33744 of 2026(3) dt.11-06-2026
2/2
injury report of Irshadul Haque indicates seven injuries in the
nature of two lacerated wounds while others are in the nature of
complain of pain and dog-bite but all the injuries are simple in
nature caused by hard and blunt substance. The petitioner has
been languishing in custody since 02.04.2026 and the charge-sheet
has been submitted on 24.04.2026.
5. Learned APP for the State and learned counsel for
the informant vehemently opposed the bail petition on the ground
that there is specific allegation of assault upon the petitioner.
6. Taking into consideration the facts and circumstances of the
case and also considering the fact that the case arises out of a land
dispute, there is case and counter case and both sides sustained
injuries coupled with the fact that the injury sustained by the
victim is simple in nature, the above named petitioner is directed
to be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bijdhari P.S. Case
No.44 of 2025.
(Soni Shrivastava, J)
Trivedi/-
U T
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