Patna High Court
Md. Shabbir @ Laddan @ Md. Shabbir AhmadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Md. Shabbir, sought bail fearing arrest in a case (Bihta P.S. Case No. 283 of 2025) involving multiple offences under the Bihar Penal Code and the Arms Act, including assault with a pistol. The prosecution alleged that he struck an informant on the head with the butt of a pistol, causing injury. The petitioner claimed innocence, alleging false implication and that both parties sustained injuries, while the medical report indicated the victim’s injuries were simple rather than grievous. The court examined the nature of the alleged offence, the medical findings, and the petitioner’s claim of false implication. Finding insufficient grounds to deny bail, the court allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner pending trial for the alleged offences.
- Whether the medical report showing simple injuries undermines the prosecution’s claim of grievous injury.
- Whether the allegations of false implication and counter‑case affect the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 27, 35
- Bihar Penal Code (BNS) — s. 109, 115(2), 118(1), 127(1), 127(2), 190, 191(2), 191(3), 303(2)
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Arms Act
- assault
- injury report
- false implication
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43372 of 2025
Arising Out of PS. Case No.-283 Year-2025 Thana- BIHTA District- Patna
======================================================
Md. Shabbir @ Laddan @ Md. Shabbir Ahmad S/O Late Kafil Ahmad R/O
Vill.- Daulatpur Simri, P.s.- Bihta, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Rahmatullah
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bihta P.S. Case No. 283 of 2025 registered for
the offence under Sections 190, 127(1), 127(2), 115(2), 118(1),
109, 303(2), 191(2), 191(3) of the BNS and under Sections 27,
25(1-B)A, 26, 35 of the Arms Act.
3. As per the prosecution case, the petitioner is
accused of assaulting the informant on his head by butt of the
pistol.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that there is
case and counter case also and injury is on both the sides.
Patna High Court CR. MISC. No.43372 of 2025(6) dt.21-01-2026
2/2
5. Though, the doctor has reported that the victim
has sustained grievous injury but from perusal of the injury
report, it appears that the injuries sustained by the victim are
simple in nature.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned ACJM-II,
Danapur/concerned Court below in connection with Bihta P.S.
Case No. 283 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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