Patna High Court
Md. Shahnawaz Alam @ Md. Shahnawaz @ MunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Md. Shahnawaz Alam and Md. Aman, applied for anticipatory bail in connection with a police case alleging assault and other offences under the BNS, 2023. The prosecution alleged that on 30‑08‑2025 the petitioners, along with a co‑accused Jakaullah, attacked an informant with a pistol and iron rod, causing injury. The petitioners contended that no injury resulted from the alleged pistol assault, that the second petitioner was merely named in the FIR, and that the injury was caused by Jakaullah, not them, citing lack of overt act and a seven‑day delay in filing the FIR. The informant opposed bail, claiming prior hostility and a pressure‑induced compromise attempt. Considering the lack of direct evidence against the petitioners and that the injury was attributed to a non‑petitioner, the court exercised its power under Section 438 CrPC and Section 482(2) BNSS, 2023 to grant anticipatory bail, subject to bond and surety conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure given the allegations.
- Whether the alleged conduct of the petitioners amounts to offences under the cited sections of the BNS, 2023.
- Whether the evidence presented is sufficient to deny bail to the petitioners.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118, 126, 3(5), 351(2), 352
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482(2) BNSS
- assault
- false implication
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9376 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- Mehsoul District- Sitamarhi
======================================================
1. Md. Shahnawaz Alam @ Md. Shahnawaz @ Munna S/O Late Nazir @
Nazeer Ahmad Resident of Village- Mehsaul East, Mehsaul @ Rampur
Lakshmi, P.S.- Mehsaul , Dist- Sitamarhi.
2. Md. Aman @ Nafees Afzal S/O Afzal Hussain @ Chhote Resident of
Village- Mehsaul East, Mehsaul @ Rampur Lakshmi, P.S.- Mehsaul , Dist-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Adv.
For the Opposite Party/s : Mr. Akshay Lal Pandit, App.
For the Informant : Mr. Pushpendra Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 27-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Mehsaul Police Station Case No. 135 of 2025,
disclosing offences under Sections 126, 115(2), 118, 109,
351(2), 352, 3(5) of the BNS, 2023.
3. As per the prosecution case, on 30.08.2025 at
about 10:15 PM, while returning from a marriage function,
informant was intercepted near Maharani Asthan by the accused
persons, who were armed with pistol, iron rod, lathi, and danda.
It is alleged that upon instigation by Jakaullah, Md. Sahanwaj
attempted to attack the informant with a pistol, which was
averted, and thereafter Jakaullah assaulted him on the head with
an iron rod, causing injury. The informant was taken to hospital
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for treatment.
4. Learned Counsel for the petitioner submits that
the petitioners are innocent and have falsely been implicated in
the present case. The allegation against petitioner no. 1 of
assault by pistol did not result in any injury, while petitioner no.
2 has been merely named in the FIR without any specific role.
The injury, as per the prosecution case, is attributed to co-
accused Jakaullah who is not the petitioner in the present case. It
is further submitted that no overt act is attributed to the
petitioners and their implication appears to be on account of
prior enmity. The informant is the sole eye-witness and other
witnesses are hearsay in nature. Moreover, there is also
unexplained delay of seven days in lodging the present FIR.
Injuries sustained by the informant are simple in nature.
5. On the other hand, learned counsel for the
informant vehemently opposes the prayer for anticipatory bail
and submits that there was previous case lodged by the side of
the informant against the petitioners, bearing Sitamarhi P.S.
Case No. 64 of 2025, and the petitioners’ side pressurized the
informant to enter into compromise and upon refusal, the assault
has been made.
6. Having regard to the submissions made on
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behalf of the parties and taking into consideration the fact that
the assault made by petitioner no. 1 does not result in any injury,
there is no specific allegation alleged against petitioner no. 2
and the injury caused to the informant is attributed to Jakaullah
who is not the petitioner, I am inclined to grant the petitioners
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Sitamarhi, in connection with Mehsaul Police Station Case No.
135 of 2025, subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure/Section 482(2) of the
BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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