Patna High Court
Lal MohammadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Lal Mohammad and Azad, sought anticipatory bail fearing arrest in a case registered under Sections 341, 323, 427, 504 and 34 of the Indian Penal Code for allegedly assaulting the son and brother of an informant. The alleged assault resulted in simple injuries and the petitioners claimed a clean antecedent. The State opposed the bail application. Considering the minor nature of the injuries and the petitioners' clean record, the Court ordered that they be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 each with two sureties, and to surrender within eight weeks, subject to conditions under Section 482 of the B.N.S.S., 2023. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the accused under the IPC offences alleged.
- Whether the nature of injury and the petitioners' clean antecedent justify granting bail.
- Whether imposing conditions under Section 482 of the B.N.S.S., 2023 is appropriate.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Indian Penal Code — s. 323, 34, 341, 427, 504
Subjects
- anticipatory bail
- assault
- Indian Penal Code
- clean antecedent
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7065 of 2026
Arising Out of PS. Case No.-18 Year-2016 Thana- PUWAKHALI District- Kishanganj
======================================================
1. Lal Mohammad S/O Late Bilat Ali R/O Vill.- Panchgachi, Thana-
Pauwakhali, District - Kishanganj
2. Azad @ Md Azad S/O Lal Mohammad R/O Vill.- Panchgachi, Thana-
Pauwakhali, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 341, 323, 427, 504/34
of the Indian Penal Code.
3. Allegation against these petitioners is that they
along with one co-accused assaulted son and brother of
informant. Injuries are simple in nature. Allegation of assault is
general and omnibus. Petitioners claim clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
5. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
Patna High Court CR. MISC. No.7065 of 2026(2) dt.19-02-2026
2/2
eight weeks from today, let the above named petitioners be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Kishanganj in
connection with Paukhali (Pauwakhali) P.S. Case No. 18 of
2016, subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…