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Patna High Court

Master Nayem @ Md. NayeemuddinversusThe State of Bihar

Decided
Disposal
DISMISSED

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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