Patna High Court
Md. IrfanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that bail should be granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Md. Irfan and Md. Mojebul, applied for anticipatory bail in connection with a criminal case (Madhepur P.S. Case No.61 of 2025) alleging assault and other offences under the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners entered the informant's courtyard armed, assaulted her and her relatives, and caused injuries. The petitioners contended they were falsely implicated, that the incident stemmed from a neighbour dispute resulting in mutual injuries, and highlighted their clean antecedent and willingness to cooperate with investigation. The State opposed the bail, emphasizing the seriousness of the charges. Considering the facts, the petitioners' clean record, and the possibility of surrender within six weeks, the Court ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioners' clean antecedent and the nature of the alleged offences warrant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- bail
- criminal law
- assault
- clean antecedent
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31665 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
1. Md. Irfan S/o Suleman R/o vill - Mainarahi, P.S.- Madhepur, Distt.-
Madhubani.
2. Md. Mojebul @ Majebul S/o Suleman R/o vill - Mainarahi, P.S.- Madhepur,
Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate.
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Madhepur P.S. Case No.61 of 2025 instituted under
Sections 126(2), 115(2), 109, 76, 303(2), 352, 351(2) & 3(5) of
the B.N.S., 2023.
3. As per the prosecution case, when the informant
was sitting in her courtyard, in the meantime all the accused
persons including the petitioners entered into her courtyard
having armed with various weapons and started abusing her.
When she objected the same, the accused persons assaulted her
by means of lathi danda. It is alleged that when she shouted, her
Patna High Court CR. MISC. No.31665 of 2026(2) dt.07-05-2026
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sister-in-law Zulekh came to rescue her but petitioner no.1 has
assaulted her and petitioner no.2 assaulted the son of informant
causing injury to them.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that both the parties are neighbor and
due to petty dispute, a free fight takes place between the parties
in which both the parties received injuries. Learned counsel
submits that there is case and counter case between the parties
for the same occurrence. He further submits that injuries to the
injured is simple in nature. Learned counsel submits that
petitioners have got clean antecedent and they undertake to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. 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 their
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.31665 of 2026(2) dt.07-05-2026
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amount to each to the satisfaction of the learned A.C.J.M.-III,
Jhanjharpur, Madhubani/ concerned Court in connection with
Madhepur P.S. Case No.61 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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