Md. Hashim @ Hashim Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23681 of 2026 Arising Out of PS. Case No.-272 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== Md. Hashim @ Hashim Alam S/O Md. Shakil R/O Dangipara Singhiya, Ward No. 14, Panchayat- Bangama, P.S- Bahadurganj, Dist.- Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Anand, Adv :
Mr. Shubhankar Raj, Adv For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-07-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Bahadurganj P.S. Case No.272/2025 registered for the offences punishable under Sections 115(2), 117(2), 118(1), 118(2), 109(1), 351(3), 352 and 3(5) of the BNS.
3. As per FIR, petitioner along with other named coaccused persons assaulted informant and others during the course of occurrence, which alleged to be arising out of land dispute and alleged to cause head and bodily injuries by means of lathi, rod, axe etc., with an intention to cause death.
4. It is submitted by learned counsel appearing on behalf of the petitioner that present occurrence appears free fight in nature, where both parties received injuries, therefore, it cannot be said that petitioner was under intention to cause death of the informant and other injured persons. It is also submitted that petitioner's side also received injuries, which appears not explained through the FIR. Arguing further, it is submitted that nature of injury as alleged to be
Patna High Court CR. MISC. No.23681 of 2026(4) dt.14-07-2026 2/2 caused by petitioner during the occurrence found simple in nature as injury report of injured Farjul Alam, Md. Faruk and Kaisar Alam found simple upon medical examination. It is submitted that with intention of well wisher, the matter now appears compromised between the parties. Petitioner claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking note of fact as occurrence prima-facie appears free fight in nature, where injury as alleged to be caused by this petitioner appears simple in nature upon medical examination prima-facie negating intention to cause death, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Kishanganj/concerned Court, where the case is pending in connection with Bahadurganj P.S. Case No.272/2025, subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) S.Tripathi/- U T