Patna High Court
Md. Talim @ Talim ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding the case prima facie and uncorroborated by injury evidence.
Summary
The petitioner, Md. Talim Shah, sought anticipatory bail in connection with FIR No. 396 of 2022 alleging offences under several IPC sections. The prosecution alleged that the petitioner assaulted a victim during a family quarrel, but the police investigation did not produce a corroborating injury report. The petitioner argued that the allegations were general and unsubstantiated, and the Additional Chief Judicial Magistrate had taken cognizance despite the police report. The State opposed the bail, but the High Court found the lack of medical evidence sufficient to grant anticipatory bail. The Court ordered release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including appearance requirements and non‑tampering with witnesses.
Issues considered
- Whether anticipatory bail should be granted in the absence of a corroborating injury report.
- Whether the allegations in the FIR constitute sufficient ground to deny bail under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR
- injury report
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- bail conditions
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90302 of 2025
Arising Out of PS. Case No.-396 Year-2022 Thana- KUDHNI District- Muzaffarpur
======================================================
Md. Talim @ Talim Shah Son of Late Sadik Sah @ Late Sadik Rai Resident
of village -Bara Sumera Mugiyachak @ Sumera @ Afazalpur PS -Kudhani
(OP Turki) Dist -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kudhani (O.P.-Turki) P.S. Case No. 396 of
2022, F.I.R dated 25.08.2022 registered for the offences
punishable under Sections 341, 323, 324, 307, 447, 448, 379, 34
of the Indian Penal Code.
3. According to the prosecution case, on the alleged
date of occurrence, the informant was present at his house when
he heard children quarrelling. Thereupon, all the accused
persons arrived at the spot and allegedly assaulted the informant
and his family members. It is alleged that Md. Ladle assaulted
the informant with a sword, Md. Aftab assaulted the informant’s
brother Md. Samshad, Md. Nausad assaulted the informant’s
mother Saira Bano, and Md. Talim (the petitioner) assaulted
Md. Sarvar. It is further alleged that Md. Aftab snatched a gold
Patna High Court CR. MISC. No.90302 of 2025(2) dt.15-01-2026
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chain and ₹7,000 in cash. On these allegations, the present FIR
was lodged.
4. Learned counsel for the petitioner submits that the
allegations levelled in the First Information Report was
investigated by the Police, and there being general and omnibus
allegations against this petitioner Md. Talim alias Talim Shah he
has not sent up for trial, but the learned Additional Chief
Judicial Magistrate, 1st Muzaffarpur West, by differing with the
police report, has taken cognizance. It has next been submitted
that injury which is stated to have been caused to the informant
and his other family members is simple in nature.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Be that as it may, since allegation is not
corroborated with the injury report, prima facie, the case of
anticipatory bail is made out, accordingly, this Court is inclined
to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 the learned A.C.J.M, 1st West, Muzaffarpur in
connection with Kudhani (O.P.-Turki) P.S. Case No. 396 of
2022, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.90302 of 2025(2) dt.15-01-2026
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438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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