Patna High Court

Md. KaleemversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court granted pre‑arrest bail to the petitioner subject to a bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.

Summary

The petitioner, Md. Kaleem, applied for pre‑arrest bail in connection with Town Police Station Case No. 133 of 2025, which alleged offences under Sections 115(2), 126(2), 118(1), 109, 351(2), 352 and 3(5) of the Bihar Penal Code. The FIR alleged that Kaleem, together with a co‑accused, assaulted the informant and his nephew using an iron rod and a bicycle chain, causing simple injuries. Kaleem contended that he is innocent, has a clean antecedent, and that the informant is a relative of the co‑accused, casting doubt on the credibility of the complaint. The State opposed the bail, but the Court noted the simple nature of the injuries, the filing of a charge‑sheet, and the petitioner’s clean record. Accordingly, the Court granted pre‑arrest bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 438(2) Cr.P.C. and Section 482(2) B.N.S., and directed the District Court to verify any other criminal antecedents, after which the bail order would lapse if adverse findings emerged. The bail application was disposed of with the grant of bail.

Issues considered

Whether pre‑arrest bail should be granted despite the seriousness of the alleged offences under the Bihar Penal Code.
Whether the simple nature of the injuries and the filing of a charge‑sheet justify bail.
Whether the petitioner’s alleged clean antecedent and possible other pending cases affect the bail order.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
assault
false evidence
Criminal Procedure Code
Section 438 Cr.P.C.
Section 482 B.N.S.
Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89496 of 2025
                   Arising Out of PS. Case No.-133 Year-2025 Thana- DARBHANGA District- Darbhanga
                 ======================================================
                 Md. Kaleem S/o Md. Razi Ahmad @ Raji Ahamad, R/o Vill-Bazeedpur, P.S-
                 Town, Dist- -Darbhanga
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Girish Chandra Jha, Advocate.
                 For the Opposite Party/s :      Mr.Rajiv Nayan, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Town P.S. Case No. 133 of 2025 registered for the offence

                   punishable under Sections 115(2), 126(2), 118(1), 109, 351(2),

                   352 and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., the

                   petitioner along with co-accused Md. Salauddin assaulted the

                   informant and his nephew by means of iron rod and bicycle

                   chain causing them injury.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   committed no offence as alleged in the F.I.R. Informant of the

                   case is the brother-in-law of the co-accused Md. Salauddin. The

                   injuries sustained by the victims are simple in nature. The
          Patna High Court CR. MISC. No.89496 of 2025(2) dt.15-01-2026
                                                      2/2




                    petitioner has clean antecedent.

                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner.

                                 6. Considering the nature of allegation made against

                    the petitioner and the fact that the charge sheet has already been

                    submitted and injury sustained by the victim is simple in nature,

                    the petitioner, above named, is directed to be released on pre-

                    arrest bail, in the event of his arrest or surrender before the

                    Court below within a period of four weeks from today, on

                    furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                    sureties of the like amount each to the satisfaction of learned

                    CJM, Darbhanga in connection with Town P.S. Case No. 133 of

                    2025, subject to the condition as laid down under Section 438(2)

                    Cr.P.C / 482(2) BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.


                                                             (Purnendu Singh, J)
mantreshwar/-
U      T

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