Patna High Court
Maslahu KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for anticipatory bail, granting it subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
Maslahu Khan was arrested in connection with a case registered under Sections 126(2), 115(2), 109, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting a neighbour. The petitioner claimed innocence, stating that the alleged victim sustained no injury and that the complaint was false. The State opposed the bail application. The court examined the injury report, which indicated no injury to the victim, and considered the merits of the anticipatory bail petition. In view of the lack of injury and the circumstances, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS. The petitioner was ordered to furnish bail bonds and sureties if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged assault where the victim has not sustained any injury.
- Whether the provisions of Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- injury report
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90809 of 2025
Arising Out of PS. Case No.-252 Year-2025 Thana- DAWATH District- Rohtas
======================================================
Maslahu Khan Son of Late Faiyaj Khan R/o Village - Mahauri, P.S. - Dawath,
Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The learned counsel for the petitioner prays for and
is permitted to make necessary correction in paragraph no. 3 of
the bail petition.
3. The petitioner apprehends arrest in connection with
Dawath P.S. Case No. 252 of 2025 registered for offences under
Sections 126(2), 115(2), 109, 351(2), 352, 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
4. As per the prosecution case, the petitioner is
accused of assaulting the victim.
5. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the parties are next door neighbours and
Patna High Court CR. MISC. No.90809 of 2025(2) dt.28-01-2026
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the allegation against the petitioner is false.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. Considered the submissions of the parties. From the
injury report it appears that no injury has been sustained by the
victim.
8. In view of the aforesaid, this application for
anticipatory bail stands allowed.
9. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned SDJM,
Bikramganj, Rohtas/concerned Court below in connection with
Dawath P.S. Case No. 252 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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