Patna High Court
Md. Jakir Husain @ Md. JakirversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is partly allowed for petitioner no. 2, subject to bond and attendance conditions, while the application for petitioner no. 1 is dismissed as withdrawn.
Summary
The petitioners, Md. Jakur Husain and Md. Ganni (Shane Ali), were charged in Sakri Police Station Case No. 117 of 2025 for offences including assault under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners applied for anticipatory bail, seeking protection from arrest. The counsel for petitioner 1 withdrew his application, and the court directed him to surrender and seek regular bail. For petitioner 2, the court examined whether he was the assailant and considered the merits of granting anticipatory bail under Section 482(2) of the BNSS. Finding that petitioner 2 was not the assailant, the court granted anticipatory bail with a cash bond, sureties and attendance conditions, while partially allowing the application.
Issues considered
- Whether anticipatory bail should be granted to petitioner no. 2 under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether petitioner no. 2 is the alleged assailant in the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 351(2)(3)/3(5), 352, 482(2)
Subjects
- anticipatory bail
- bail conditions
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- assault
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72512 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- SAKRI District- Madhubani
======================================================
1. Md. Jakir Husain @ Md. Jakir S/o Md. Ijhar Resident of village- Bhaitoli,
P.S- Maksuda, P.o- Sakari, District- Madhubani
2. Md. Ganni @ Shane Ali S/o Md. Jakir Husain @ Md. Jakir Resident of
village- Bhaitoli, P.o- Maksuda, P.S- Sakari, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha
For the Opposite Party/s : Mr. Ram Naresh Ray
For the informant : Mr. Manoj Kumar Pandey, Advocate
Ms. Kumari Pallavi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioners, learned
APP for the State and the learned counsel for the informant.
2. The petitioners apprehend arrest in connection with
Sakri P.S. Case No. 117 of 2025 registered for offences under
Sections 126(2), 115(2), 118(1), 117(2), 109, 352, 351(2)
(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim.
4. The learned counsel for the petitioners at the very
outset seeks permission to withdraw the application filed on
behalf of the petitioner no. 1 namely Md. Jakir Husain @ Md.
Jakir.
Patna High Court CR. MISC. No.72512 of 2025(3) dt.21-01-2026
2/3
4. Permission, as prayed, is granted.
5. Accordingly, the present application filed on behalf
of the petitioner no. 1 is dismissed as withdrawn. He is directed
to surrender in the Court below within two weeks and seek
regular bail failing which the Superintendent of Police,
Madhubani will take all steps for the arrest of the petitioner no.
1 Md. Jakir Husain @ Md. Jakir.
6. Learned counsel for the petitioners submits that
petitioner no. 2 is quite innocent and has not committed any
offence. He further submits that the petitioner no. 2 is not the
assailant of the victim.
7. Learned APP for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
8. Considering the facts and circumstances of the case
and the fact that the petitioner no. 2 is not the assailant of the
victim, let the petitioner no. 2, 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 Chief Judicial
Magistrate, Madhubani/concerned Court below in connection
with Sakri P.S. Case No. 117 of 2025 subject to the conditions
Patna High Court CR. MISC. No.72512 of 2025(3) dt.21-01-2026
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as laid down under Section 482(2) of the BNSS and with a
further condition that the petitioner no. 2 will mark his
attendance at the Sakri Police Station on every 1 st and 3rd
Sunday of each month. Failure to do so will result in
cancellation of the bail bonds of the petitioner no. 2.
9. This application for anticipatory bail is partly
allowed.
(Sandeep Kumar, J)
Shishir/-
U T
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