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Patna High CourtCR. MISC./1109/2026bail granted

Md. Shamshad Khan v. The State Of Bihar

2026-01-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1109 of 2026 Arising Out of PS. Case No.-558 Year-2025 Thana- RAHUI District- Nalanda ====================================================== 1.

Md. Shamshad Khan S/o- Md. Mustafa Khan Mohalla- Kasi Takiya PSLaheri District- Nalanda 2.

Bhagwan Yadav S/o- Baliram Yadav R/v- Kharthua Ps- Harnaut DistNalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Pramod Kumar Sinha, Advocate For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109(2) and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, along with some unknown persons, attacked informant with sharp weapons.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Allegation of assault is general and

Patna High Court CR. MISC. No.1109 of 2026(2) dt.28-01-2026 2/2 omnibus and no specific accusation of overt act has been alleged against these petitioners. Doctor has found the injuries, sustained by the injured, simple in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned C.J.M., Nalanda at Biharsharif in connection with Rahui (Bhagan Bigha) P.S. Case No. 558 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T