Patna High Court
Md. Afaz Shamim @ ShontiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioners, Md. Afaz Shamim and Md. Ejaz Shamim, sought anticipatory bail fearing arrest in a case (Tatarpur PS Case No. 80 of 2025) filed under Sections 126(2), 115(2), 118(1), 109(1), 351(2) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. The prosecution alleged that the petitioners assaulted an informant and her daughters, causing injuries, while the petitioners contended they were falsely implicated and medical reports showed no substantive injuries. The petitioners highlighted their clean record and willingness to cooperate with the investigation, noting that co‑accused had already been granted anticipatory bail. The State opposed the bail application. After considering the evidence and submissions, the Court granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nagrik Suraksha Sanhita.
- Whether the prosecution's evidence, including medical reports, sufficiently establishes the alleged offences.
- Whether the conditions prescribed in Section 482(2) of the B.N.S.S. justify the grant of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- assault
- false implication
- medical evidence
- criminal procedure
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87493 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- TATARPUR District- Bhagalpur
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1. Md. Afaz Shamim @ Shonti S/o- Md. Shamim Uddin R/v- Rayeen Tola,
Sarai Ps- Tatarpur Dist- Bhagalpur
2. Md. Ejaz Shamim @ Banti S/o- Md. Shamim Uddin R/v- Rayeen Tola, Sarai
Ps- Tatarpur Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Tatarpur P.S. Case No. 80 of 2025, instituted under
Sections 126(2), 115(2), 118(1), 109(1), 351(2), 3(5) of the
B.N.S.
3. As per the prosecution case, on the date of
occurrence petitioners assaulted Md. Sagar while he was sitting
on a vehicle. On protest, petitioners assaulted the informant on
her head. When the daughters of informant came to save,
petitioners assaulted them. Along with petitioners their family
members also came and threatened them.
Patna High Court CR. MISC. No.87493 of 2025(2) dt.12-01-2026
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4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. On the date of occurrence, the prosecution party brutally
assaulted to Petitioner No. 2 for which F.I.R. No. 79 of 2025
was lodged and as a counter the present case has been lodged by
the informant. The prosecution alleged that Petitioner No. 1
assaulted with rod upon the head of the informant but the
Doctor has not found any injury on her head whereas the injury
of the informant is swelling on wrist causing by blunt substance
which does not support the prosecution case. The injury of
Seema Praveen has also been reserved whereas Doctor has not
found pain in the abdomen of Sitara which does not support the
prosecution case. Petitioners are preparing for competitive
exams having no criminal antecedent. They undertake to co-
operate in the investigation and trial. Other co-accused persons
have already been granted anticipatory bail by the Court
concerned.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
Patna High Court CR. MISC. No.87493 of 2025(2) dt.12-01-2026
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weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Judicial Magistrate 1st Class, Bhagalpur in connection
with Tatarpur P.S. Case No. 80 of 2025, subject to the conditions
laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha
Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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