Patna High Court
Sakir HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Sakir Hussain, sought anticipatory bail fearing arrest in a case (Karpi PS No.200 of 2024) alleging assault on the informant's father with an iron rod. He argued the matter arose from a case‑counter‑case scenario, was a spontaneous fight over a trivial issue, caused only minor abrasions, and he has no prior criminal record. The State opposed the bail, emphasizing the seriousness of the offences listed under the Bharitya Nagrik Suraksha Sanhita. The Court examined the facts, noting the lack of premeditation and the petitioner’s clean record, and applied Section 482(2) of the BNS. It granted anticipatory bail on condition of a Rs 10,000 bond and two sureties, subject to the usual bail conditions. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita given the alleged offences and circumstances.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- assault
- criminal procedure
- bail bond
- no criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34888 of 2026
Arising Out of PS. Case No.-200 Year-2024 Thana- KARPI District- Arwal
======================================================
Sakir Hussain S/o Aas Mohammad Resident of Village- Rohai, P.S.- Karpi,
Dist.- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Neeraj
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The Petitioner is apprehending his arrest in
connection with Karpi PS Case No 200 of 2024 registered for
the offence punishable under Sections 126 (2), 115 (2), 118 (1),
117 (2), 109, 352, 3 (5) of the BNS.
4. As per the allegation, the petitioner is alleged to
have assaulted on the head of the father of the informant by
means of iron rod.
5. Learned counsel for the petitioner has submitted
that there is case and counter case between the parties and the
present case has been lodged in retaliation to the case lodged by
the petitioner’s side. It has further been submitted that there is
no premeditation to kill and the occurrence took place suddenly
on a trivial issue. It has also been submitted that the injury
Patna High Court CR. MISC. No.34888 of 2026(2) dt.20-05-2026
2/2
sustained by the father of the informant is simple in nature and
the said injuries are abrasions. It has further been submitted that
there was free fight between the parties. It has lastly been
submitted that the petitioner has got no criminal antecedents.
6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory 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 concerned,
Arwal, in connection with Karpi PS Case No 200 of 2024
subject to the conditions as laid down under Section 482 (2) of
the Bharitya Nagrik Suraksha Sanhita.
9. This application stands allowed.
(Praveen Kumar, J)
M.E.H./-
U T
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