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Patna High Court

Md. Irshad ahmad @ Md. IrshadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petition for anticipatory bail.

Summary

The petitioners, Md. Irshad Ahmad and Md. Mehar Alam, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S., 2023, including assault with a lathi and iron rod causing grievous injury. The FIR specifically alleged that the petitioners assaulted an informant, resulting in serious bodily harm as certified by a doctor. The petitioners argued that they were entitled to anticipatory bail to avoid detention. The court examined the nature of the allegations and the severity of the injury. Considering the seriousness of the charges and the grievous nature of the injury, the court rejected the petition for anticipatory bail. Consequently, the petition was dismissed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the circumstances of the alleged assault and grievous injury.

Legislation cited

  • B.N.S., 2023 — s. 109, 115, 118(1), 126(2), 3(5), 351(2), 352, 74

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • grievous injury
  • B.N.S. 2023

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.78013 of 2025
                         Arising Out of PS. Case No.-186 Year-2025 Thana- TURKI KHARARU District-
                                                          Muzaffarpur
                    ======================================================
              1.     Md. Irshad ahmad @ Md. Irshad S/O Md. Mehar Alam @ Md. Mehar Ali
                     R/O Vill.- Sakri saraiya, P.S.- Turki, Dist.- Muzaffarpur.
              2.     Md. Mehar Alam @ Md. Mehar Ali S/O Gulam Rasul R/O Vill.- Sakri
                     saraiya, P.S.- Turki, Dist.- Muzaffarpur.
                                                                       ... ... Petitioner/s
                                                         Versus
                    The State of Bihar
                                                                ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :      Mr.Arvind Kumar
                    For the Opposite Party/s :      Mrs.Anita Kumari
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      13-01-2026                   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 offence punishable under Sections 126(2), 115,

                      118(1), 109, 74, 352, 351(2), 3(5) of the B.N.S., 2023.

                                   3. As per F.I.R., there is specific accusation against

                      these two petitioners that they assaulted informant with Lathi

                      and iron rod. Doctor has found the injury grievous in nature.

                                   4. Considering the nature of accusation and injury,

                      the prayer for anticipatory bail of petitioners is rejected.



                                                        (Prabhat Kumar Singh, J)
anay

U        T


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