Patna High Court
Nazim @ Md. NazimversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Md. Nazim sought anticipatory bail fearing arrest in a case involving alleged assault, attempted murder with a sharp-edged weapon, and theft of a silver chain, arising from a marital dispute and prior enmity. The prosecution alleged that Nazim attacked Zarifa Khatoon and Ataur Rahman with intent to kill and snatched a chain, invoking several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. Nazim’s counsel argued that the injuries were inconsistent with the prosecution’s narrative, that the incident was a mutual fight, and that Nazim has a clean antecedent and will cooperate with investigation. The State opposed the bail, emphasizing the seriousness of the offences. Considering the facts, the court granted anticipatory bail, subject to a bail bond of Rs.10,000, two sureties of equal amount, and compliance with Section 482(2) of the B.N.S., 2023, should the petitioner be arrested or surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under sections 126(2), 115(2), 109, 117(2), 74, 352, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner is likely to flee, tamper with evidence, or influence witnesses, justifying denial of bail.
- Whether the nature of the alleged injuries and the circumstances of a marital dispute warrant denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- assault
- attempted murder
- marital dispute
- bail conditions
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88086 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- ABADPUR District- Katihar
======================================================
Nazim @ Md. Nazim Son of Late Md. Samsul Resident of village - Udaipur,
Police Station - Abadpur, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate.
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Abadpur P.S. Case No.78 of 2025 instituted under Sections
126(2), 115(2), 109, 117(2), 74, 352, 351(2), 3(5) of the B.N.S.,
2023.
3. As per the prosecution case, the marriage of sister
of informant was solemnized with the petitioner two years ago
but talaq has been taken six months ago and some articles is yet
to be returned back and due to old enmity, all the accused
persons including the petitioner variously armed with weapon
came at the place of occurrence and started abusing. It is alleged
that all the accused persons assaulted the informant and his
family members. Specific allegation against the petitioner is that
Patna High Court CR. MISC. No.88086 of 2025(2) dt.12-01-2026
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he attacked on the head of Zarifa Khatoon and Ataur Rahman by
sharped edged substance with intention to kill. It is further
alleged that petitioner snatched the silver chain from one
Sabnam.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to previous enmity. He further submits that there is
matrimonial dispute between the parties with respect to
returning of articles given in marriage. Learned counsel submits
that there was free fight due to which both the parties sustained
injuries and there is case and counter case between the parties.
He further submits that the injury sustained by injured Ataur
Rahman is simple in nature and the nature of injury with respect
to injured Zarifa Khatoon has been kept reserve, however, from
the perusal of her injury report, it shows that the injury is caused
by hard and blunt object which is not corroborative to the case
of the prosecution. Learned counsel submits that petitioner has
got clean antecedent and he undertakes to cooperate in the
investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
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and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned A.C.J.M.-III, Katihar/ concerned Court in connection
with Abadpur P.S. Case No.78 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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