Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48994 of 2026 Arising Out of PS. Case No.-378 Year-2025 Thana- BIRPUR District- Supaul ====================================================== Shahabuddin, S/o Fazlu Hak @ Faizal Haque, R/o Ward No. -05, VillageKushahar, P.O- Balua Bazar, Bairia Arazi, P.S.- Balua Bazar, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aditya Rai, Adv.

Ms. Mallika Mazumdar, Adv.

Ms. Pallavi Kumari, Adv.

Mr. Kumar Abhishek, Adv.

For the State :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-07-2026 Heard the parties.

2. The petitioner apprehends his arrest in connection with (Balua Bazar) Birpur P. S. Case No. 378 of 2025 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) of the BNS.

3. Learned counsel for the petitioner submits that the FIR itself reveals that the alleged occurrence was not premeditated and is stated to have taken place on account of a paddy crop being grazed by a goat. Although, the petitioner is

Patna High Court CR. MISC. No.48994 of 2026(2) dt.22-07-2026 2/3 alleged to have assaulted one Tariq Anwar with a sword, the injury found on his person has been opined to be simple in nature and in this regard, the order of the trial court may be perused and the petitioner has no criminal antecedent and both parties are neighbours.

4. Though the learned APP for the State opposes the petitioner's prayer for bail but he fairly accepts that the impugned order shows that the injured, Tariq Anwar, whose injury is specifically attributed to the present petitioner, sustained a simple injury.

5. Considering the aforesaid submissions as well as the facts and circumstances of this case and the nature of the injury of the injured namely, Tariq Anwar who is said to have been assaulted by this petitioner, coupled with petitioner's fair and clean antecedent and the genesis of the occurrence, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with (Balua Bazar) Birpur P. S. Case No. 378 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject

Patna High Court CR. MISC. No.48994 of 2026(2) dt.22-07-2026 3/3 to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) Rajiv/- U T