Patna High Court
Shakeel @ Md. ShakeelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for anticipatory bail.
Summary
The petitioner, Shakeel, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting a victim and causing simple injuries. The prosecution opposed the bail, asserting the seriousness of the offences. The petitioner’s counsel argued his innocence and clean antecedent. The High Court examined the allegations and the nature of the offences, and concluded that anticipatory bail was appropriate. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 118(1), 109, 74, 352, 351(2) and 3(9) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged assault and the statutory provisions justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 351(2), 352, 3(9), 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- bail bond
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61224 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- LODIPUR District- Bhagalpur
======================================================
Shakeel @ Md. Shakeel S/O Late Md. Maqbool @ Shakoor Resident of
Village- Lodipur, P.S.- Lodipur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda
For the Opposite Party/s : Ms. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Lodipur P.S. Case No. 81 of 2025 registered for offences under
Sections 126(2), 115(2), 118(1), 109, 74, 352, 351(2) and 3(9)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is said to
have assaulted the victim causing simple injuries.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.61224 of 2025(4) dt.10-03-2026
2/2
and the allegation levelled against the petitioner, this application
for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Lodipur P.S. Case No. 81 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…