Patna High Court
Master Nayem @ Md. NayeemuddinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted because the allegations were serious and the petitioner must surrender.
Summary
The petitioner, Master Nayem, sought anticipatory bail in a criminal case (PS Amour Case No. 260 of 2025) where he was alleged to have assaulted a victim, violating sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioner caused various injuries to the victim. The petitioner contended that he was falsely implicated, the injuries were simple, and he had no prior criminal record. The State opposed the grant of anticipatory bail. The Court, after considering the seriousness of the allegations, declined to grant anticipatory bail and dismissed the application, directing the petitioner to surrender within four weeks and apply for regular bail. Failure to surrender would result in arrest by the Superintendent of Police, Purnia.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under the B.N.S.
- Whether the petitioner’s claim of innocence, simple injuries and lack of criminal antecedent merit anticipatory bail
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal law
- assault
- bail denial
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88448 of 2025
Arising Out of PS. Case No.-260 Year-2025 Thana- AMAUR District- Purnia
======================================================
Master Nayem @ Md. Nayeemuddin Son of Moin @ Md. Moinuddin
Resident of Jajhawa, P.S.- Amour, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Amour P.S. Case No. 260 of 2025 instituted under
Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of
the B.N.S.
3. As per the prosecution case, petitioner is alleged
to have assaulted the victim causing various injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is further submitted that the injuries sustained by the
victim are simple in nature. Petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.88448 of 2025(2) dt.15-01-2026
2/2
anticipatory bail of the petitioner.
6. Considering the allegations levelled against the
petitioner, I am not inclined to grant anticipatory bail to the
petitioner.
7. Accordingly, this application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Purnia will take all steps for arrest of
the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Purnia through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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