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Patna High Court

Md. Talim @ Talim ShahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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