Patna High Court
Md. Kamal @ Kamal SekhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioners subject to the conditions laid down under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, three brothers from Ofapur, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged assault. They contended that the allegations were false, arising from a neighbour dispute over drainage, and that only one of them was accused of a simple lathi injury. They also highlighted a prior case against them under IPC Section 498A, claiming it was filed at the behest of a family member. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 25,000 and two sureties, with conditions under Section 482(2) of the BNSS. The order was made to ensure cooperation with the investigation while protecting the petitioners from unwarranted detention.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the case registered under the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioners constitute a false implication arising from a neighbour dispute.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 191(2), 191(3), 351(2), 352
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- false implication
- assault
- Bharatiya Nyaya Sanhita
- Indian Penal Code
- neighbor dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87735 of 2025
Arising Out of PS. Case No.-490 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
1. Md. Kamal @ Kamal Sekh S/O Md. Januddin @ Md. Zainuddin R/O
village-Ofapur, P.S-Lakhisarai,Dist- Lakhisarai
2. Md. Mustaq S/O Md. Januddin @ Md. Zainuddin R/O village-Ofapur, P.S-
Lakhisarai,Dist- Lakhisarai
3. Md. Muntaj Alam @ Md. Mantaj Alam @ Md. Mumtaj S/O Md. Januddin
@ Md. Zainuddin R/O village-Ofapur, P.S-Lakhisarai,Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 352, 351(2), 191(2) and 191(3) of the Bharatiya
Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners have antecedent of one case under Section 498A of
the IPC and the informant alleges that 20-1-2025 at 4 pm, the
accused persons came and Md. Kamal at point of pistol started
assaulting, while Md. Mumtaj assaulted him by lathi causing
Patna High Court CR. MISC. No.87735 of 2025(2) dt.21-01-2026
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injury on head, while other accused assaulted by leg and fist.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that no doubt it is alleged that
accused persons assaulted, but then allegation of assault is not
specific. It is further submitted that only Md. Muntaj @ Md.
Mumtaj is alleged to have assaulted the informant by lathi
causing injury on head, but then the blow is not alleged to be
repeated. It is also submitted that from perusal of the Annexure-
2, i.e., injury report of the injured, it would manifest that
informant has suffered six injuries, but then all injuries are
simple in nature. It is next submitted that petitioners and the
informant are neighbours and on account of dispute relating to
drainage, an altercation took place in which both side assaulted
each other. It is further submitted that no doubt petitioners have
antecedent of one case, but then the said case has been instituted
at the behest of the wife of Md. Kamal. Learned counsel
submits that petitioners will not abscond rather will co-operate
in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.87735 of 2025(2) dt.21-01-2026
3/3
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty-five Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Lakhisaria P.S. Case No. 490 of 2025, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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