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Patna High Court

Md. Jalo @ Md. JalilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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