Patna High Court
Kaif AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, directing release on bail bond subject to Section 482(2) conditions.
Summary
Petitioner Kaif Alam was arrested in connection with an FIR alleging assault with a knife that caused head and lip injuries to his cousin, the informant, under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 352 and 3(5) of the Bhartiya Nayay Sanhita. He filed an anticipatory bail petition, contending that the incident was a spontaneous quarrel during a cricket game, the injuries were simple, and there was no intention to cause death. The prosecution acknowledged the repeated assault but also noted the injuries were simple. The court, after considering the medical report and the nature of the injuries, held that the petitioner was not likely to flee or tamper with evidence and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The order directs the petitioner to surrender to the trial court within four weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious charges under the BNSS.
- Whether the nature of the injuries indicates an intention to cause death, justifying denial of bail.
- Whether the simple nature of the injuries and the petitioner’s clean antecedent warrant bail.
Subjects
- anticipatory bail
- assault
- knife injury
- simple injury
- intent to cause death
- Section 482
- Bhartiya Nayay Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68723 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Kaif Alam, S/O Late Kamare Alam R/O Village- Jhitakahiya, P.S.- Lakhaura,
District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar No. III, Advocate
Mr. Raki Alam Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
For the Informant : Mr. Manu Kumar, Advocate
Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 29-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned Additional Public Prosecutor appearing on
behalf of the State and learned counsel appearing on behalf of the
informant.
2. The accused/petitioner apprehending his arrest in
connection with Anticipatory Bail Petition No. 2807/2025 arising
out of Lakhaura P.S. Case No. 48 of 2025 registered for the
offences punishable under Sections 126(2), 115(2), 117(2),
109(1), 303(2), 352 and 3(5) of Bhartiya Nayay Sanhita.
3. As per FIR, petitioner alongwith other co-accused
persons assaulted informant and others by inflicting knife, which
caused injury on head and lip of the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that in fact informant is the cousin brother
Patna High Court CR. MISC. No.68723 of 2025(4) dt.29-01-2026
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of the petitioner and after passing intermediate examination they
were playing cricket together, where quarrel surfaced and out of
said quarrel which was free fight in nature, parties received
injuries. It is submitted that upon medical examination the injury
as alleged inflicted by the petitioner found simple in nature and, as
such, allegation that petitioner was under intention to cause death
to informant/injured prima facie not appears convincing. Petitioner
is a man of clean antecedent.
5. Learned APP, duly assisted by learned counsel Mr.
Manu Kumar, appearing on behalf of the informant, while opposing
the prayer of bail submitted that assault is repeated as two injuries
was found but fairly conceded that upon medical examination,
same was found simple in nature.
6. In view of aforesaid factual submissions and by
taking note of fact as injury upon medical examination found
simple in nature, accordingly, above named petitioner, in the event
of his arrest or surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge-2, East Champaran,
Motihari/concerned Court, where the case is pending in connection
Patna High Court CR. MISC. No.68723 of 2025(4) dt.29-01-2026
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with Anticipatory Bail Petition No. 2807/2025 arising out of
Lakhaura P.S. Case No. 48 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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