Patna High Court

Md. KalamversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, who are neighbours, sought bail fearing arrest on charges of assault and outraging modesty under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S. The FIR alleged that they assaulted the informant, but the petitioners contended that the case stemmed from an earlier neighbour dispute and that the injuries were minor, not constituting an offence under Section 109 IPC. The Court examined the facts, noted the existence of a counter‑case and the simplicity of the injuries, and concluded that there was no strong prima facie case to deny bail. Accordingly, the Court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to cooperation with the investigation and that one bailor be a close relative, invoking Section 482(2) of the B.N.S.S. The order was pronounced in an oral hearing on 4‑Feb‑2026.

Issues considered

Whether the petitioners are entitled to bail despite the FIR alleging assault and outraging modesty.
Whether the injuries sustained qualify as an offence under Section 109 of the IPC.
Whether the presence of a counter‑case and the nature of the dispute justify granting bail.

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352
B.N.S.S. — s. 482(2)
I.P.C. — s. 109

Subjects

bail
assault
outraging modesty
neighbor dispute
Section 482
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7624 of 2026
                       Arising Out of PS. Case No.-196 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
           1.     Md. Kalam S/o- Bhola Shah Village- Chhaurahi, P.s-Katahara, Goraul,
                  District- Vaishali
           2.    Md. Jabbar S/o- Bhola Shah Village- Chhaurahi, P.s-Katahara, Goraul,
                 District- Vaishali
           3.    Bhola Shah S/o- Late Suleman Shah Village- Chhaurahi, P.s-Katahara,
                 Goraul, District- Vaishali
           4.     Gulshan Khatoon W/o- Md. Islam Village- Chhaurahi, P.s-Katahara, Goraul,
                  District- Vaishali
                                                                           ... ... Petitioners.
                                                 Versus
                 The State of Bihar.                                ... ... Opposite Party.
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Sudha, Advocate
                 For the Opposite Party/s :        Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest for the

                   offences punishable under Sections 126 (2), 115 (2), 109, 352,

                   351(2) and 3 (5) of the B.N.S.

                                3. The allegation in the First Information Report is

                   that the accused persons including the present petitioners

                   indulged in assault and outraging the modesty of the informant.

                                4. Learned counsel for the petitioners submits that the

                   present case has been lodged on account of an earlier dispute

                   between the parties as the petitioner and the informant are next

                   door neighbours and a case has also been filed on behalf of the
            Patna High Court CR. MISC. No.7624 of 2026(2) dt.04-02-2026
                                                        2/2




                      petitioner which is earlier in point of time. So far as the injuries

                      are concerned, the same are simple in nature and as such no

                      offence under Section 109 of the I.P.C. can be said to be made

                      out against the petitioners.

                                   5.     Taking     into     consideration    the   facts   and

                      circumstances of the case and also considering the fact that there

                      is case and counter case and the injury sustained by the injured

                      is simple in nature, let the above named petitioners, be released

                      on bail, in the event of their arrest or surrender before the

                      learned Court below within a period of four weeks from today,

                      on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                      each with two sureties of the like amount each to the satisfaction

                      of the learned Court below where the case is pending/ successor

                      Court in connection with Goraul P.S. Case No.196 of 2025,

                      subject to the condition as laid down under Section 482 (2) of

                      the B.N.S.S., subject to the further condition that:

                                   (i)    The      petitioners      shall   cooperate   in   the

                      investigation/trial.

                                   (ii)    The one of the bailors will be a family

                      member/close relative.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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