Patna High Court
Md. shahzad @ Md. shehzad sheikh @ Md. shezad seikhversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
Holding
Anticipatory bail was denied as the allegations were of a serious nature and the injury report was deemed credible.
Summary
The petitioner, Md. Shahzad, applied for anticipatory bail in connection with a case (Sakri P.S. Case No. 129 of 2025) alleging multiple offences under the Bihar Narcotic Substances Act, 2023, including attempted murder and assault. He claimed innocence, alleged that the injury report from a private hospital was unreliable, and asserted no prior criminal record. The State opposed bail, emphasizing the seriousness of the charges and the presence of sharp cut injuries to vital parts of the victim’s body. The court examined the gravity of the alleged offences and the credibility of the medical evidence, finding the allegations serious enough to warrant custody. Consequently, the court rejected the anticipatory bail petition.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case involving serious offences such as attempted murder and assault?
- Whether the injury report from a private hospital can be considered reliable for bail considerations.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- serious offence
- injury report
- medical evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77993 of 2025
Arising Out of PS. Case No.-129 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Md. Shahzad @ Md. Shehzad Sheikh @ Md. Shezad Seikh Son Of Md.
Irshad Resident Of Village -Sakri Shibotar Tola P.S -Sakri District
-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the State : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Sakri P.S. Case No. 129 of 2025, dated
14.07.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 118(2), 109, 352 and 3(5) of
B.N.S., 2023.
3. As per allegation, the petitioner and his mother/co-
accused (Shahnaj) stabbed on the neck and thigh of Md. Mahtab
by knife. They had belief that the victim had love affairs with
the sister of the petitioner and daughter of the co-accused for
which they have also lodged one FIR bearing Sakri P.S. Case
No. 167 of 2025.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.77993 of 2025(3) dt.26-02-2026
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Petitioner is innocent and has falsely been implicated in this
case. He further submits that the injury report has been issued
by a private hospital which is not reliable.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has 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
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail submitting that the
alleged offence is serious in nature and there is specific
allegation against the petitioner. He also submits that as per the
injury report, there is sharp cut injury on the neck and stab
injury on thigh of the victim which is vital part of the body.
8. Considering the serious nature of the allegation and
injury report, I am not persuaded to enlarge the petitioner on
anticipatory bail.
9. Accordingly, the anticipatory bail petition of the
petitioner is hereby rejected.
(Jitendra Kumar, J)
shoaib/-
U T
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