Patna High Court
Md. HashimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed anticipatory bail to the petitioners, subject to prescribed conditions, and dismissed the application against the already arrested co‑accused as withdrawn.
Summary
The petitioners, Md. Hashim and Md. Sakir, applied for anticipatory bail fearing arrest in connection with Rajnagar Police Station Case No. 319 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. Their brother, Md. Ibrahim, was arrested during the pendency of the application, rendering the application against him infructuous and dismissed. The petitioners contended that the alleged assault was unfounded, the injuries were superficial, and they possessed a clean antecedent, while the State opposed the bail. After hearing both sides, the High Court granted anticipatory bail to Hashim and Sakir, subject to a bail bond of Rs.10,000 with two sureties and specific conditions under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S. The order emphasized that any observations made would not affect the trial and that bail could be cancelled upon violation of conditions or concealment of criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the application against a co‑accused becomes infructuous upon his arrest.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82203 of 2025
Arising Out of PS. Case No.-319 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
1. Md. Hashim, Son of Md. Ibrahim Resident of Village- Rampatti P.S-
Rajnagar District -Madhubani
2. Md. Sakir, son of Md. Ibrahim Resident of Village- Rampatti P.S- Rajnagar
District -Madhubani
3. Md. Ibrahim, son of Wajir Nadaf Resident of Village- Rampatti P.S-
Rajnagar District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 At the outset, learned counsel for the petitioners
submit that during the pendency of the application, the
petitioner no.3, namely, Md. Ibrahim, has been arrested and as
such, the present application against the petitioner no.3 has
become infructuous.
2. In view of the submission made by the learned
counsel for the petitioners, the application against the petitioner
no.3, namely, Md. Ibrahim stands dismissed as withdrawn as
having become infructuous.
3. The present application now only survives for
petitioner Nos.1 and 2, namely, Md. Hashim and Md. Sakir.
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4. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
5. Petitioners apprehend their arrest in connection
with Rajnagar P.S. Case No. 319 of 2025 registered for the
offences under Sections 126(2), 115(2), 117(2), 118(1), 109(1),
352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
6. As per the prosecution case, the informant has
alleged that the named accused persons assaulted the informant
with various means like farsa and sword. It is also alleged that
the injured persons had received various injuries due to such
assault.
7. Learned counsel for the petitioners submit that the
petitioners are innocent and no such incident as stated had
occurred. It has further been submitted that there was an
altercation between the parties and for the same occurrence, a
case and countercase were registered, and the petitioners' side
has also filed FIR bearing Rajnagar P.S. Case No.321 of 2025. It
has next been submitted that from perusal of the injury report,
which has been brought on record by way of Annexure P-2, the
injuries were found to be simple in nature and most of the
injuries are superficial in nature and hence case under Section
109 of the BNS is not made out. It has lastly been submitted that
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the petitioners have clean antecedent.
8. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
9. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners nos.1 and 2, namely, Md. Hashim and Md. Sakir be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(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 Rajnagar P.S. Case
No. 319 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
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similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners has concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
10. Accordingly, the prayer for anticipatory bail is
allowed.
11. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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