Patna High Court
Md. Sakir @ Md. ShakirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Md. Sakir, was accused of assaulting an informant with an iron rod and pressing his testicles, leading to charges under Sections 126(2), 115(2), 118(1), 303(2), 352 and 3(5) of the B.N.S. The petitioner claimed innocence, alleging the case was fabricated due to prior enmity and that the injuries were simple in nature. The State opposed the petition for anticipatory bail. The Court, after considering the modest nature of the injuries, the petitioner’s clean antecedents, and the possibility of a false case, granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the B.N.S.S. The order allows the petitioner to be released on bail if arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the B.N.S.
- Whether the nature of injuries and the petitioner's antecedents justify bail
Legislation cited
Subjects
- anticipatory bail
- assault
- false case
- clean antecedents
- bail bond
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84719 of 2025
Arising Out of PS. Case No.-191 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
Md. Sakir @ Md. Shakir Son of Md. Manzoor R/o Village - Rampur, P.S. -
Warisnagar, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shubhesh Pandey, Advocate
For the State : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 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), 118(1), 303(2), 352 and and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted informant by means of iron rod and pressed
his testicles.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, due to previous
enmity, this false and concocted case has been lodged. Doctor
has found the injuries, sustained by the injured, simple in nature.
Petitioner claims clean antecedents.
Patna High Court CR. MISC. No.84719 of 2025(2) dt.06-01-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of injuries sustained by the injured and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 J.M. 1st Class, Samastipur in
connection with Warisnagar P.S. Case No. 191 of 2025, subject
to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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