Md. Shakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14462 of 2026 Arising Out of PS. Case No.-517 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== Md. Shakil S/o Md. Umar @ Jhungur @ Jungur @ Md. Umar Husain R/o Village - Akbarpur Benk, P.S - Biraul, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Thakur Brajesh Singh, Advocate For the Opposite Party/s :
Mrs. Sucheta Yadav, APP For the Informant :
Mr. Girish Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 27-05-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with Biraul P.S. Case No. 517 of 2025, registered under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(2), 117(1), 308(2), 109, 333, 324(4), 352, 351(2) of the B.N.S.
3. As per the prosecution case, a dispute arose over publication of a photograph on Facebook, following which a scuffle took place. The allegation against the petitioner is that he assaulted the husband of the informant on the head with an iron rod. There are further allegations against other accused persons as well. The injury report before this Court shows a lacerated wound measuring 1 cm × 1⁄2 cm × 1⁄4 cm on the right side of the head. The other seven injuries are diffuse swellings with
Patna High Court CR. MISC. No.14462 of 2026(6) dt.27-05-2026 2/3 superficial lacerations. The final MLC report is still awaited and the nature of injury has been kept reserved. Going by the primary report, the injuries do not prima facie appear to be grievous in nature.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated. The petitioner has a clean criminal antecedent and has been in custody since 20.12.2025.
5. Learned APP for the State and learned counsel for the informant have opposed the bail. It is submitted that the petitioner is the main accused and assaulted the husband of the informant mercilessly.
6. The matter arises out of a petty dispute over a social media post. The primary injury report does not disclose grievous hurt as noted above. As regards Section 308(2) B.N.S., the material on record does not prima facie make out the said offence at this stage. The petitioner has a clean criminal antecedent and has been in custody since 20.12.2025. In view of these facts, the bail application is allowed.
7. Accordingly, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like
Patna High Court CR. MISC. No.14462 of 2026(6) dt.27-05-2026 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Biraul, Darbhanga, or the concerned court below in connection with Biraul P.S. Case No. 517 of 2025.
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Ansul, J) Ranjeet/- U T