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Patna High Court

Md NijamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is denied for petitioner No.1 due to the alleged grievous injury, but granted for petitioners No.2 and No.3 subject to bond and conditions under Section 482(2).

Summary

The petitioners, three residents of Madhepura, sought anticipatory bail after an FIR was lodged alleging that on 2 January 2025 they, with weapons, assaulted an informant, looted cash and ornaments, and set his house on fire. The informant specifically alleged that petitioner No.1 assaulted him with an iron rod causing a grievous injury, while no overt act was alleged against petitioners No.2 and No.3. The State opposed bail, emphasizing the grievous nature of the injury caused by petitioner No.1. The Court held that anticipatory bail could not be granted to petitioner No.1 due to the seriousness of the alleged assault, but granted anticipatory bail to petitioners No.2 and No.3 subject to a bail bond of Rs.10,000 and two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that the bail be enlarged if they are arrested or surrender within eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to petitioner No.1 who is alleged to have caused a grievous injury.
  • Whether anticipatory bail should be granted to petitioners No.2 and No.3 where no specific overt act is alleged.
  • Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • assault
  • arson
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9230 of 2026
                    Arising Out of PS. Case No.-1 Year-2025 Thana- SHRI NAGAR District- Madhepura
                 ======================================================
           1.     Md Nijam Son of Late Md. Jainul Resident of Village - Mangalwara, Rahta
                  Ward No. 03, P.S. - Srinagar, District - Madhepura.
           2.    Md. Sadre Alam Son of Md. Ijraile Resident of Village - Mangalwara, Rahta
                 Ward No. 03, P.S. - Srinagar, District - Madhepura.
           3.     Md. Ejaj @ Guddu @ Md. Azad Son of Md. Nijam Resident of Village -
                  Mangalwara, Rahta Ward No. 03, P.S. - Srinagar, District - Madhepura.
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shyameshwar Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                     Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(20, 115(20, 11891),

                   117(2), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. The informant alleges that on 02.01.2025, accused

                   including this petitioners came with weapons and started

                   abusing and assaulting the informant and his family members. It

                   is also alleged that they looted cash and ornaments from the

                   house of the petitioner and then also set the house on fire.

                                4. Learned counsel appearing for the petitioners

                   submits that petitioners are innocent and have committed no

                   offence. Petitioner no. 1 assaulted with iron rod causing injury
           Patna High Court CR. MISC. No.9230 of 2026(2) dt.11-02-2026
                                                       2/2




                     which is grievous in nature. So far rest of the petitioners are

                     concerned, there is no allegation of overt act against them.

                                  5. Learned counsel for the State opposed the bail

                     application and submits that petitioner No. 1 assaulted

                     informant. Injury caused by petitioner no. 1 is grievous in

                     nature.

                                  6. In view of the fact that petitioner No. 1 caused

                     grievous injury, prayer for anticipatory bail of petitioner No.

                     1 is refused. However, considering the nature of accusation

                     against petitioner Nos. 2 & 3, the anticipatory bail with regard

                     to petitioner Nos. 2 & 3 is allowed and it is ordered that the

                     above named petitioner Nos. 2 & 3 in the event of their

                     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) each with two sureties of the like

                     amount each to the satisfaction of Chief Judicial Magistrate,

                     Madhepura in connection with Srinagar P.S. Case No. 1/2025,

                     subject to condition as laid down under Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita.



                                           (Prabhat Kumar Singh, J)
Jyoti Kumari/-
U       T


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