Patna High Court
Md. Wakil Nagri @ Wakiluddin @ Wakil NagriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is not granted to the petitioner.
Summary
The petitioner, Md. Wakil Nagri, filed an anticipatory bail application fearing arrest in connection with a case registered under several sections of the Bihar Negotiable Substances Act (BNS). The prosecution alleged that a group, including the petitioner, used firecrackers and assaulted an informant, with the petitioner specifically accused of striking Md. Almin with an iron rod, causing a grievous injury as confirmed by a CT scan. The petitioner’s counsel argued his innocence, but the State’s counsel highlighted the seriousness of the injury and the nature of the offences. The Court examined whether the circumstances warranted the grant of anticipatory bail under the Criminal Procedure Code. Finding that the allegations, especially the grievous injury, established a strong case against the petitioner, the Court rejected the anticipatory bail application. The Court directed that if the petitioner surrenders within four weeks, the matter will be taken up for disposal on the same day.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged assault and grievous injury.
- Whether the seriousness of the offences under the BNS precludes the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- grievous injury
- assault
- firecrackers
- Criminal Procedure Code
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89954 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- ROH District- Nawada
======================================================
Md. Wakil Nagri @ Wakiluddin @ Wakil Nagri S/O Kalamuddin @ Kalam
Nagri @ Md. Kalam Resident of Village- Khalifa Tola Roh, P.S- Roh,
District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-01-2026 Heard Mr. Raj Kumar, learned counsel for the
petitioner and the State.
2. The petitioner apprehends his arrest in connection
with Roh P.S. Case No. 101 of 2025 for the offence registered
under sections 126(2), 115(2), 109, 74, 352, 351(1), 3(5) of the
BNS.
3. As per the prosecution story, on the minor issue of
use of fire crackers, on opposition, allegation is that the accused
persons assembled and assaulted the informant side. Specific
allegation against this petitioner is that he gave iron rod blow to
Md. Almin causing injury. They were referred to the hospital
which followed the FIR.
4. Though learned counsel for the petitioner tried to
Patna High Court CR. MISC. No.89954 of 2025(2) dt.28-01-2026
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impress upon this Court regarding the innocence of the
petitioner, learned APP, Mr. Jitendra Kumar Singh has taken this
Court to the learned Sessions Judge order to show that the injury
sustained was found to be grievous in nature in the CT Scan.
5. Considering the allegation that has come coupled
with the injury report, no case of anticipatory bail is made out
which is accordingly rejected.
6. However, if the petitioner surrenders within four
weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
(Rajiv Roy, J)
Vijay Singh/-
U T
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