Patna High Court
Md NijamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(20), 117(2), 11891, 126(20), 3(5), 351(2), 352
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
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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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