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Patna High Court

Md. Kaif @ KaifversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The bail application is allowed and the petitioner is released on bail.

Summary

The petitioner, Md. Kaif, was arrested in connection with a case registered under multiple sections of the BNS, 2023, alleging assault and related offences. He has been in custody since 25 December 2025 and claims he has been falsely implicated. The informant opposed his bail application, while the petitioner’s senior counsel argued his innocence. The High Court, after hearing both sides, considered the nature of the allegations and allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The order is limited to bail and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner in view of the nature and seriousness of the offences alleged under the BNS, 2023.

Legislation cited

  • BNS, 2023 — s. 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 89

Subjects

  • bail
  • criminal procedure
  • sections 126,115,329,303,89,352,351,3 of BNS 2023
  • pre‑trial detention
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10200 of 2026
                         Arising Out of PS. Case No.-55 Year-2025 Thana- KUWARI District- Araria
                 ======================================================
                 Md. Kaif @ Kaif S/o Mohammad Ajad @ Ajad Resident of Village- Garaiya,
                 Ward No. 06, P.O.- Lailokhar, P.S.- Kuwari, District- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Sharma, Sr. Adv.
                                                  Mr.Prem Kumar Paswan
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit
                 For the Informant        :       Mr. Md. Naushaduzzoha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-04-2026                    Heard the parties.

                                    2. The petitioner seeks bail in connection with

                   Kuwari P.S. Case No. 55 of 2025 registered for the offence

                   under Sections 126(2), 115(2), 329(3), 303(2), 89, 352, 351(2),

                   3(5) of the BNS, 2023.

                                    3. As per the prosecution case, the petitioner is

                   said to have assaulted the victim causing injuries.

                                    4. The petitioner is in custody since 25.12.2025.

                                    5.     Learned senior counsel for the petitioner

                   submits that the petitioner is innocent and has falsely been

                   implicated in this case.

                                    6. Learned counsel              for    the    informant        has

                   vehemently opposed the prayer of the petitioner for grant of
          Patna High Court CR. MISC. No.10200 of 2026(3) dt.27-04-2026
                                                      2/2




                    bail.

                                    7. Considering the nature of allegation levelled

                    against the petitioner, this application is allowed.

                                     8. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below in connection with Kuwari

                    P.S. Case No. 55 of 2025.

                                    9. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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