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Patna High Court

Md. Shohrab @ Md. ShohravversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on condition of a Rs.10,000 bond and two sureties.

Summary

Md. Shohrab was arrested in Supaul P.S. Case No. 497 of 2025 for alleged assault on an informant’s mother with a farsa, resulting in head injuries. The prosecution alleged multiple serious offences under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 109, 352 and 303(2) of the B.N.S., 2023, citing a medical report that described grievous injuries including intracerebral hemorrhage and skull fractures. The defence argued that the injuries were inconsistent with a sharp weapon, pointing to a doctor’s opinion that a blunt object caused the wounds and asserting the petitioner’s innocence and lack of prior record. The State opposed bail, emphasizing the seriousness of the injuries. After hearing both sides, the Court found the defence’s points persuasive enough to grant bail, directing the petitioner to furnish a Rs.10,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the alleged offences and grievous injuries
  • Whether the medical evidence creates reasonable doubt about the prosecution’s allegation of assault with a sharp weapon
  • Whether the petitioner poses a flight risk or threat to public safety

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • grievous hurt
  • medical evidence
  • injury report
  • bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.922 of 2026
                        Arising Out of PS. Case No.-497 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 Md. Shohrab @ Md. Shohrav son of Md. Belal @ Belaluddin Resident of
                 village- Maheshpur ward No 2 Ps -Supaul District- Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-01-2026                  Heard Mr. Prasoon Kumar, learned counsel for the

                   petitioner and Mr. Rana Randhir Singh, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Supaul P.S. Case No. 497 of 2025 registered for the offence

                   punishable under Sections 190, 191(2), 191(3), 126(2), 115(2),

                   118(1), 109, 352 and 303(2) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   petitioner assaulted the informant’s mother with farsa on the

                   head, due to which she received bleeding head injury.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner submits that from
Patna High Court CR. MISC. No.922 of 2026(2) dt.29-01-2026
                                            2/3




          perusal of the FIR, it is clear that there is an allegation that the

          petitioner has assaulted with farsa which is a sharp cutting

          weapon, and the mother of the informant has received a

          lacerated wound, which is not possible with farsa and the doctor

          has also opined that the injuries were caused by a hard and blunt

          substance. He also submits that the allegation and the injury

          report do not co-relate. He further submits that a statement has

          been made in para 3 of the petition that petitioner has no

          criminal antecedent and he is languishing in judicial custody

          since 06.10.2025.

                       5. The application for bail is opposed by the learned

          APP for the State and submits that the injuries on the head are

          grievous in nature. Admittedly, there is an allegation of only one

          blow; there is no repetition of blows. He also submits that from

          perusal of the injury report, it will transpire that the doctor has

          found two injuries: (i) Lacerated wound 5x1x1 cm on left

          frontal region (ii) Bruise 3x2 cm in the right frontal region.

          After a C.T. scan of the head, it was found that there were

          multiple acute traumatic intracerebral hemorrhage and extensive

          facial and skull fractures. The doctor has opined that the injuries

          are grievous in nature.

                       6. Having heard learned counsel for the parties and
           Patna High Court CR. MISC. No.922 of 2026(2) dt.29-01-2026
                                                       3/3




                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Chief

                     Judicial Magistrate, Supaul in connection with Supaul P.S. Case

                     No. 497 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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