Patna High Court
Md. JaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Md. Jani, was accused in a FIR of assaulting an informant and his son with a sword, lathi, danda and stones, leading to simple injuries. He applied for anticipatory bail, claiming innocence, a clean antecedent, and that the injuries were minor. The State opposed the bail, citing multiple offences under the Bharatiya Nyaya Sanhita. The court examined the nature of the accusations, the extent of injury, and the petitioner’s clean record. Considering these factors, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 118(2), 125(a), 126(2), 191(2), 191(3)
Subjects
- anticipatory bail
- assault
- criminal procedure
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91514 of 2025
Arising Out of PS. Case No.-225 Year-2025 Thana- PIRPAINTI District- Bhagalpur
======================================================
Md. Jani S/o Md Hussaini @ Hussaini R/o Village - Pirpainti Bazar, P.S -
Pirpainty, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 126(2),
115(2), 118(1), 118(2), 109, 125(a) of the Bharatiya Nyaya
Sanhita.
3. It is alleged that this petitioner along with other
F.I.R. named accused persons assaulted informant and his son
by means of sword, lathi, danda and stones.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injuries
sustained by the injured are simple in nature. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
Patna High Court CR. MISC. No.91514 of 2025(2) dt.19-01-2026
2/2
6. Considering nature of accusation, injury and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Bhagalpur in connection with Pirpainty P. S. Case No. 225 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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