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Patna High Court

Mohammad Jawed @ Moti @ Jawed @ Md. MotiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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