Patna High Court
Md. Jalo @ Md. JalilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482 of the B.N.S.S., 2023.
Summary
The petitioner, Md. Jalo, sought anticipatory bail fearing arrest in a case registered under multiple offences of the Bhartiya Nyaya Sanhita, 2023, alleging assault and related crimes. He contended that he had committed no overt act and that the specific assault allegations were directed at co‑accused persons. The State opposed the bail application. The Court examined whether the petitioner’s claim of innocence and lack of specific allegations warranted anticipatory bail under Section 482 of the B.N.S.S., 2023. Considering the nature of the accusations and the absence of direct evidence against the petitioner, the Court granted anticipatory bail, subject to a bail bond of Rs. 10,000 and two sureties, and conditioned it on compliance with Section 482. The order directs that if arrested within eight weeks, the petitioner be released on bail upon furnishing the bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bhartiya Nyaya Sanhita, 2023 despite the pending charges.
- Whether the petitioner’s claim of no specific overt act against him is sufficient to merit bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 303(2), 308(2), 3(5), 351(2), 352, 482, 76
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail bond
- assault
- innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38040 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- Patarghat District- Saharsa
======================================================
Md. Jalo @ Md. Jalil S/o Late Dilser Miyan R/o Village- Patarghat, Ward
No.09, P.S- Patarghat, Dist- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered
for the offence under Sections 126(2), 115(2), 118(1), 117(2),
109, 76, 303(2), 308(2), 352, 351(2), 3(5), 189(2), 191(2),
191(3), 190 of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., all the named accused persons
assaulted informant and others as a result of which several
persons sustained injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of assault is against other co-accused persons. So far
this petitioner is concerned, there is no allegation of any specific
overt act against him.
Patna High Court CR. MISC. No.38040 of 2026(2) dt.25-06-2026
2/2
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the nature of accusation, this
anticipatory bail is allowed and it is ordered that in the event of
arrest/surrender within a period of eight weeks from today, let
the above named petitioner 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 learned Chief Judicial
Magistrate, Saharsa in connection with Patarghat P.S. Case No.
68 of 2025, subject to condition as laid down under Section 482
of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.