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Patna High Court

Md. JaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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