Patna High Court

Jibran ShahversusThe State of Bihar

Decided: 9 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the B.N.S. 2023.

Summary

The petitioner, Jibran Shah, was accused of assaulting an informant and his brother with a lathi, danda and iron rod, leading to charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). He claimed innocence, alleging false implication due to prior enmity, and disclosed two prior criminal cases (dowry torture and theft) for which he was on bail. The State opposed his request for anticipatory bail. The court, after considering the facts, the petitioner’s willingness to cooperate, and the nature of the alleged injury, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S. 2023. The order also stipulated that the petitioner must surrender within six weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the allegations and his prior criminal antecedents.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2), 74

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
assault
criminal antecedents
bail conditions
enforced cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88384 of 2025
                  Arising Out of PS. Case No.-63 Year-2025 Thana- BHANGHA District- West Champaran
                 ======================================================
                 Jibran Shah Son of Kaifatullah, Residet of Village - Panchrukhi, P.S. -
                 Bhangaha, District - West Champaran.
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Shrivastava, Advocate
                 For the Opposite Party/s :      Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   09-01-2026             Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                           2. The petitioner apprehends arrest in a case instituted

                   under Sections 126(2), 115(2), 118(1), 109, 74, 352, 351(2), and

                   3(5) of B.N.S.

                           3. As per prosecution case, the F.I.R. named accused

                   persons including petitioner armed with lathi, danda and iron

                   rod came to the door of informant and started abusing him and

                   when the informant forbade them, the accused persons assaulted

                   him. When elder brother of informant came to save him,

                   petitioner is alleged to have given iron blow on his head due to

                   which he sustained injury.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case due to previous enmity. There is a case and counter case
               Patna High Court CR. MISC. No.88384 of 2025(2) dt.09-01-2026
                                                           2/2




                         between both the parties. Both sides sustained injuries. The

                         allegation against the petitioner is that he assaulted the

                         informant’s brother with iron rod on his head. The inujury to the

                         injured is found to be simple in nature. Petitioner has two

                         criminal antecedents out of which one belongs to dowry torture

                         and another is of Section 379 of I.P.C. and in both cases,

                         petitioner is on bail. Petitioner undertakes to cooperate in the

                         investigation and the trial.

                                 5. Learned A.P.P. for the State opposes the prayer for

                         anticipatory bail.

                                 6. Considering the facts and circumstances of the case 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 on furnishing bail

                         bond of Rs.10,000/- (ten thousand) with two sureties of the like

                         amount each to the satisfaction of learned concerned court in

                         connection with Bhangaha P.S. Case No.63 of 2025 subject to

                         the conditions as laid down under Section 482 (2) of the

                         Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                 (Sunil Dutta Mishra, J)
harish/-

U          T

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