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Patna High Court

Sakir HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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