Patna High Court
Dilkash @ Md. DilkashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted anticipatory bail to all petitioners except Md. Wazir Manowar, whose bail petition was rejected and he was directed to surrender and file a regular bail petition.
Summary
The petitioners, four brothers, sought anticipatory bail fearing arrest in connection with PS Laheriyasarai case No. 424 of 2025, which alleged offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S., 2023. They claimed that only the informant, Md. Salman, sustained a simple injury and that no other alleged victims were injured, contending that the prosecution’s case was not fully corroborated. The State and the informant opposed bail, highlighting the petitioners' criminal antecedents and the lacerated wound to the informant’s cheek. The Court examined the injury report and case diary, finding that Section 109 (grievous hurt) was not made out against the petitioners except for Md. Wazir Manowar, who was the sole accused of assaulting the informant. Consequently, the Court rejected the bail petition of Md. Wazir Manowar, directing him to surrender and file a regular bail petition, while granting anticipatory bail to the remaining petitioners subject to conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the injury report and criminal antecedents.
- Whether the facts constitute an offence under Section 109 of the B.N.S., 2023.
- Whether the bail petition of Md. Wazir Manowar should be dismissed.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal antecedents
- injury report
- Section 109
- B.N.S. 2023
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72050 of 2025
Arising Out of PS. Case No.-424 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
1. Dilkash @ Md. Dilkash S/o Md. Badruddin R/o Village- Beta Ward No 36,
PS- Laheria Sarai, District- Darbhanga
2. Laddu @ Najrey Alam S/o Md. Badruddin R/o Village- Beta Ward No 36,
PS- Laheria Sarai, District- Darbhanga
3. Chhotkan @ Md. Sadrey Alam @ Chhote @ Chhote @ Sadre Alam S/o Md.
Badruddin R/o Village- Beta Ward No 36, PS- Laheria Sarai, District-
Darbhanga
4. Babar @ Badre @ Babere @ Badre Alam S/o Md. Badruddin R/o Village-
Beta Ward No 36, PS- Laheria Sarai, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 5677 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Md. Wazir Manowar @ Wazeer Manuawar Son Of Md. Badruddin R/O
Village - Beta Ward No . 36 , P.S- Laheriyasaria District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 72050 of 2025)
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
For the State : Mrs. Rita Verma, APP
For the Informant : Mr. Shahnawaz Ali, Advocate
(In CRIMINAL MISCELLANEOUS No. 5677 of 2026)
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
For the State : Mr. Nitya Nand Tiwary, APP
For the Informant : Mr. Shahnawaz Ali, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners, learned APP
for the State and learned counsel for the informant.
Patna High Court CR. MISC. No.72050 of 2025(3) dt.01-04-2026
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2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Laheriyasarai P.S. Case No. 424 of 2025 dated 06.07.2025,
registered for the offences punishable under Sections 126(2),
115(2), 109, 352, 351(2) and 3(5) of B.N.S., 2023.
3. As per allegation, the accused-petitioner/Md. Wazir
Manowar has assaulted the informant/Md. Salman by spear on
his face, whereas other co-accused/petitioners herein assaulted
the father and brothers of the informant.
4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that as per the case diary and injury
report, the allegation is not fully corroborated, because as per
the case diary, only the informant has been found to be injured
and even that injury is simple in nature as per the medical
opinion and there is no injury report of any other alleged
victims.
5. It is also stated in paragraph no. 2 of the bail
petitions 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
petitions that the petitioner/Babar @ Badre @ Babere @ Badre
Patna High Court CR. MISC. No.72050 of 2025(3) dt.01-04-2026
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Alam has no criminal antecedent. The petitioners/Laddu @
Najrey Alam and Md. Wazir Manowar @ Wazeer Manuawar
have two criminal antecedents, whereas the petitioners/Dilkash
@ Md. Dilkash and Chhotkan @ Md. Sadrey Alam @ Chhote
@ Chhote @ Sadre Alam have one criminal antecedent.
7. Learned APP for the State and learned counsel for
the informant vehemently oppose the prayer of the Petitioners
for bail submitting that all the petitioners have criminal
antecedents except the petitioner/Babar @ Badre and the
informant/Md. Salman has got lacerated wound on the right side
of cheek i.e. vital part of the body.
8. I considered the submissions advanced by both the
parties and perused the materials on record.
9. I find that only the informant/Md. Salman is found
to be injured though that injury is simple in nature. Hence,
major Section 109 BNS is not made out against the petitioners
and no other alleged victims have been found to be injured as
per the case diary and allegation of assault against the informant
is only against the petitioner/Md. Wazir Manowar @ Wazeer
Manuawar.
10. Hence, the petition, filed by the petitioner/Md.
Wazir Manowar @ Wazeer Manuawar i.e. Cr. Misc. No. 5677
Patna High Court CR. MISC. No.72050 of 2025(3) dt.01-04-2026
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of 2026 is rejected with liberty to him to surrender before the
Court below and file regular bail petition and in case of such
surrender and filing of regular bail petition, learned Court below
is requested to hear his petition on the same day.
11. As far as other petitioners in Cr. Misc. No. 72050
of 2025 are concerned, they are directed to be released on
anticipatory bail, particularly in view of the fact that no injury,
as allegedly caused by the other petitioners, are found as per the
case diary, because only one injured person has been found i.e.
the informant/Md. Salman who has allegedly been assaulted by
the other petitioner/Md. Wazir Manowar @ Wazeer Manuawar
whose petition has been rejected.
12. Accordingly, the petition i.e. Cr. Misc. No. 72050
of 2025 is allowed, directing the petitioners above-named in Cr.
Misc. No. 72050 of 2025, 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 Laheriyasarai P.S. Case No. 424 of
2025, subject to the conditions as laid down under Section 482
Patna High Court CR. MISC. No.72050 of 2025(3) dt.01-04-2026
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(2) 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 other
than the disclosed one, 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)
shoaib/-
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