Patna High Court
Md. Shafique @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Shafique, was implicated in a FIR alleging assault, intimidation and disrobing of the informant's family, with charges under several IPC sections. He claimed innocence, asserting the dispute was petty and the injuries were simple, and he had a clean antecedent. The State opposed his anticipatory bail application. The Court examined the nature of the alleged offences and the simplicity of the injuries, and concluded that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the alleged offences and the simplicity of the injuries.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 308, 323, 341, 342, 354(B), 504/34
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- assault
- disrobing
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91501 of 2025
Arising Out of PS. Case No.-70 Year-2024 Thana- BENIPATTI District- Madhubani
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Md. Shafique @ Chhotu, S/o Md. Bade, R/o Village - Benipatti, P.S -
Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pampy Kumari, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under sections 341, 342,
323, 308, 354(B), 504/34 of the IPC.
3. As per F.I.R., informant, Neelam Devi alleged
that petitioner along with other co-accused persons assaulted
informant’s son and later petitioner along with co-accused
again assaulted informant and her kids. Petitioner also
disrobed informant’s daughter.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Due to
petty dispute, an altercation took place between both the
parties. The injury sustained by the injured is simple in nature.
Patna High Court CR. MISC. No.91501 of 2025(2) dt.19-01-2026
2/2
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioner.
6. Considering the facts and circumstance of the case
and the nature of injury which is simple, the prayer for
anticipatory bail of petitioner is allowed. Let the above named
petitioner, in the event of his arrest/surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned A.C.J.M.,
Madhubani, in connection with Benipatti P.S. Case No. 70 of
2024, subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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