Shekh Ahmad @ Ahmad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shekh Ahmad @ Ahmad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the Court below within six weeks, upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount, to the satisfaction of the learned A.C.J.M., Birpur, District Supaul/concerned Court, subject to the conditions in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Birpur P.S. Case No.189 of 2025 (Thana Birpur, District Supaul) instituted under Sections 126(2), 115, 118(1), 303(2), 109, 75, 329(3), 352, 351(2), 3(5) of the B.N.S., 2023, is entitled to anticipatory bail.

Court's answer

Considering the facts and circumstances, submissions of learned counsel, the nature of allegation and the petitioner's clean antecedent, in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount, to the satisfaction of the learned A.C.J.M., Birpur, District Supaul/concerned Court, in connection with Birpur P.S. Case No.189 of 2025.

Ratio / Principle

The anticipatory bail is granted subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail allowed. Shekh Ahmad @ Ahmad, apprehending arrest in Birpur P.S. Case No.189 of 2025 (Thana Birpur, District Supaul) instituted under Sections 126(2), 115, 118(1), 303(2), 109, 75, 329(3), 352, 351(2), 3(5) of the B.N.S., 2023, was held entitled to release on bail in the event of arrest or surrender within six weeks. Prosecution alleged a land-dispute free fight in which the petitioner assaulted Jabir Khan on the head (injury reported simple) and co-accused took a gold locket worth Rs.55,000/- from Rani Sahnaj. Bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount, subject to the conditions in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20818 of 2026

Arising Out of PS. Case No.-189 Year-2025 Thana- BIRPUR District- Supaul

======================================================

Shekh Ahmad @ Ahmad Son of Late Mumtaj, R/o Village - Basmatiya, Ward No. 01, P.S. - Basmatiya, Dist. - Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate. For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 18-04-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Birpur P.S. Case No.189 of 2025 instituted under Sections 126(2), 115, 118(1), 303(2), 109, 75, 329(3), 352, 351(2), 3(5) of the B.N.S., 2023.

As per the prosecution case, the petitioner alongwith other co-accused persons and 7-8 unknown miscreants armed with various weapons started ploughing the ancestral land of informant by tractor. When the informant objected the same, all the accused persons started abusing and assaulting her. It is alleged that petitioner with intention to kill assaulted one Jabir Khan on his head causing head injury. It is further alleged that other co-accused persons took away gold

Patna High Court CR. MISC. No.20818 of 2026(2) dt.18-04-2026 2/3

locket worth Rs.55,000/- from the neck of Rani Sahnaj and tore her suit and salwar and also started behaving indecently.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that specific allegation against the petitioner is that he assaulted Jabir Khan by iron rod on his head but the injury report of injured Jabir Khan shows that the injury is simple in nature. Learned counsel submits that there is land dispute between the parties due to which free fight taken place between them and both the parties got injured. He further submits that there is case and counter case between the parties and the injuries to the injured are simple in nature. Learned counsel submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as his clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.20818 of 2026(2) dt.18-04-2026 3/3

(Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M., Birpur, District Supaul/ concerned Court in connection with Birpur P.S. Case No.189 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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