Patna High Court
Md. SalimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that the petitioner is entitled to bail subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
Md. Salim, a 72‑year‑old resident of Marwaghat, was implicated in FIR No. 108 of 2025 under Sections 126(2), 115(2), 117(2), 109(1), 74, 352 and 3(5) of the BNS for allegedly participating in an assault on informant Abdul Kadir. The petitioner pleaded innocence, claiming the allegations were politically motivated and that no overt act was proved against him, while also highlighting his clean antecedent. The State opposed bail, but the court examined the FIR, the petitioner’s clean record, and the lack of concrete evidence of an overt act. Considering these factors, the court ordered that the petitioner be released on bail upon surrendering within six weeks, furnishing a bail bond of Rs. 10,000 with two sureties of equal amount, and complying with conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under Sections 126, 115, 117, 109, 74, 352 and 3 of the BNS
- Whether the allegations constitute sufficient ground to deny bail in view of the petitioner’s clean antecedent and lack of overt act
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 117(2), 126(2), 3(5), 352, 74
Subjects
- bail
- criminal procedure
- political victimisation
- clean antecedent
- Section 482 CrPC
- BNS offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5728 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
Md. Salim, aged about 72 years, Son of Late Md. Idrees @ Idris, Resident of
Village - Marwaghat, P.S. - Manigachhi, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Shah Nawaz Ali, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Manigachi P.S. Case No. 108 of 2025 instituted for the
offences punishable under Sections 126(2), 115(2), 117(2),
109(1), 74, 352 and 3(5) of the BNS.
3. As per allegation in the FIR, the petitioner is to
have participated and also given one slap to the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case only on the basis of dirty party
politics. He submits that the allegation against the petitioner is
to have participated in the alleged occurrence and no overt act
was attributed against the petitioner. He further submits that the
Patna High Court CR. MISC. No.5728 of 2026(2) dt.04-02-2026
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injury is simple in nature. He next submits that the accused
persons and the petitioner are resident of same village and they
are residing adjacent to each other in the same village.
Petitioner has got clean antecedent as stated in para 3 of the
petition.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned Additional Sessions Judge-III, Darbhanga dated
17.12.2025, it appears that on the basis of fardbeyan of the
informant Abdul Kadir, FIR has been registered under Sections
126(2), 115(2), 117(2), 109(1), 74, 352 and 3(5) of the BNS
against six co-accused persons including the present petitioner
and the allegation is to caught the collar of the informant and
also given one slap to the informant and threatened him.
Petitioner has got clean antecedent as stated in para 3 of the
petition, so considering all these aspects of the case and
submission of learned counsel for the petitioner, let the
petitioner above named in the event of his arrest or surrender
before the trial Court within a period of six weeks from today,
be released on bail upon furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
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3/3
satisfaction of the learned A.C.J.M., Darbhanga in connection
with Manigachi P.S. Case No. 108 of 2025, subject to the
conditions laid down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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