Patna High Court
Md. IqbalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioners, subject to bond and conditions, as the injury was simple and no criminal antecedents were shown.
Summary
The petitioners, Md. Iqbal, Md. Bahuddin and Ishrat Khatoon, applied for bail in connection with Halsi Police Station Case No. 233 of 2025, which alleged offences under several sections of the B.N.S.S, 2023 arising from a money dispute and alleged assault. They claimed innocence, asserted that the injury caused was simple, and stated they had no prior criminal record and had not previously sought anticipatory or regular bail. The State opposed the bail application. The Court considered the nature of the alleged injury, the existence of a counter‑case, and the petitioners’ lack of antecedents, and found no compelling reason to deny bail. Accordingly, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S, 2023.
Issues considered
- Whether bail should be granted to the petitioners pending arrest in a case involving multiple offences under the B.N.S.S, 2023
- Whether the petitioners’ claim of no criminal antecedents and the simple nature of the alleged injury justify bail
Legislation cited
- B.N.S.S., 2023 — s. 109(1), 115(2), 126(2), 303(2), 318(4), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- anticipatory bail
- criminal procedure
- simple injury
- criminal antecedents
- B.N.S.S 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4517 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
1. Md. Iqbal S/O Mohammad Atique Resident of Village- Saudhmaf Tola
Sadih, P.S.- Halsi, District- Lakhisarai.
2. Md. Bahuddin @ Mohammad Wahauddin S/O Late Md. Akhtar @ Seikh
Akhtar Resident of Village- Saudhmaf Tola Sadih, P.S.- Halsi, District-
Lakhisarai.
3. Ishrat Khatoon W/O Mohammad Mashuk Alam Resident of Village-
Saudhmaf Tola Sadih, P.S.- Halsi, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shaukat Alam, Advocate
For the State : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail, apprehending their arrest,
in connection with Halsi P.S. Case No. 233 of 2025, dated
13.09.2025, registered for the offences punishable under
Sections 126(2), 115(2), 109 (1), 303(2), 318(4), 352, 351(2)
and 3(5) of BNS, 2023.
3. As per allegation, on account of some money
dispute, the occurrence took place in which the informant was
assaulted by the petitioners.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.4517 of 2026(2) dt.04-02-2026
2/3
Petitioners are innocent and have falsely been implicated in this
case. He further submits that the injury as allegedly caused by
the petitioners is simple in nature. He further submits that there
was a case and counter case and counter case lodged by the
petitioners’ side bears Halsi P.S. Case No. 236 of 2025.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioners have no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioners for bail.
8. Considering the case and counter case between the
parties and nature of injury is simple in nature, this petition is
allowed, directing the petitioners, above-named, to be enlarged
on bail, in the event of their arrest or surrender before the court
below within a period of eight weeks from the date of receipt /
production of a copy of this order, on their furnishing bail bonds
in the sum of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, in connection with Halsi P.S. Case No.
233 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.4517 of 2026(2) dt.04-02-2026
3/3
Section 482 (2) of the B.N.S.S, 2023, and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
ravishankar/-
U T
Checking your session…