Patna High Court
Mohammad Jawed @ Moti @ Jawed @ Md. MotiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Mohammad Jawed, was accused of assaulting an informant and his son on 19-12-2024, allegedly using a lathi, danda, fist and an iron rod that caused a head injury. The prosecution charged him under Sections 126(2), 115(2), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. The petitioner pleaded innocence, claimed the allegations were vague, and highlighted his clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the petitioner’s clean record and the nature of the injury, exercised its power under Section 482(2) to grant anticipatory bail, subject to a bond of Rs.10,000 and two sureties. The order directed that if arrested within eight weeks, the petitioner be released on bail on furnishing the bond.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite charges under Sections 126(2), 115(2), 303(2), 352, 351(2) and 3(5).
- Whether the nature of the alleged assault and the petitioner’s clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- criminal law
- clean antecedent
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82805 of 2025
Arising Out of PS. Case No.-868 Year-2024 Thana- PIRBAHOR District- Patna
======================================================
Mohammad Jawed @ Moti @ Jawed @ Md. Moti S/o Late Nasiruddin @
Mohammad Nasir Resident of - 197, Mona Steel, Shahganj, P.O - Mahendru,
P.S - Sultanganj, District - Patna, Pin - 800006 Permanent Address - R/o
Village / Mohalla - Sakunat Khurd, P.S - Biharsharif, District - Nalanda, Pin -
803101
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravinesh Kumar, Adv.
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 303(2), 352, 351(2) and 3(5) of the B.N.S.
3. As per prosecution case, on 19.12.2024, the
petitioner along with his son was on their way to home, in the
meantime, this petitioner along with other co-accused persons
assaulted informant and his son by means of lathi, danda and
fist and during course of assault, this petitioner assaulted on the
head of son of informant by means of iron rod due to which his
head broke.
Patna High Court CR. MISC. No.82805 of 2025(2) dt.05-01-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
is general and omnibus in nature against him. Injury caused by
this petitioner is simple in nature. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering aforesaid facts, clean antecedent of
this petitioner and other circumstances of the case, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Patna in
connection with Pirbahore P. S. Case No. 868 of 2024, subject
to condition as laid down under Section Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
shivam/-
U T
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