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Patna High Court

Md. SagarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.

Summary

The petitioner, Md. Sagar, sought regular bail in a case registered under sections 191(1), 190, 115(2), 117(2), 109(1) and 303(2) of the Bihar Penal Code. The prosecution alleged that he, armed with a weapon, assaulted an informant with a dagger, causing injuries. The defence argued that the medical injury report showed injuries caused by a hard, blunt object, not a sharp weapon, creating a discrepancy with the FIR, and highlighted a counter‑version of events. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the court found the inconsistency in the evidence and, considering the petitioner’s prolonged pre‑trial detention since 19‑09‑2025, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
  • Whether the discrepancy between the injury report and the FIR undermines the prosecution's case.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • injury report discrepancy
  • criminal antecedent
  • Bihar Penal Code
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10427 of 2026
                      Arising Out of PS. Case No.-79 Year-2025 Thana- TATARPUR District- Bhagalpur
                 ======================================================
                 Md. Sagar S/o- Md. Jawed R/v- SArai, Rain Tola Ps- Tatarpur Dist-
                 Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sharda Nand Mishra, Advocate
                                                   Mr. Dhananjay Kumar Gupta, Advocate
                                                   Ms. Isha Mishra, Advocate
                 For the Opposite Party/s :        Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 191(1), 190,

                   115(2), 117(2), 109(1) and 303(2) of BNS.

                                 3. The case of the prosecution is that the petitioner

                   along with others being armed with weapon arrived. It is

                   specifically alleged that the petitioner assaulted the informant

                   with dagger on his various parts such as cheeks, shoulder, head

                   and neck.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the
Patna High Court CR. MISC. No.10427 of 2026(2) dt.23-02-2026
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          order of the learned trial court, it is clear that the injury report

          and supplementary injury report of the informant show that the

          nature of injury is grievous caused by hard and blunt object and

          show fracture of right zygomatic bone and No intracranial

          lesion and lacerated wound on parietal region measuring to 2cm

          x 0.5 cm. Learned counsel has further submitted that from

          perusal of the FIR, it is clear that the allegation is that the

          petitioner has assaulted with dagger which is a sharp cutting

          weapon whereas the injury report shows that the injury was

          caused by hard and blunt object. There is also a counter version

          of this case. Learned counsel has also submitted that the

          allegation and the injury report do no correlate with each other.

          Moreover, the petitioner is languishing in judicial custody since

          19.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that the petitioner is having criminal antecedent of

          four cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with
            Patna High Court CR. MISC. No.10427 of 2026(2) dt.23-02-2026
                                                        3/3




                      Tatarpur P.S. Case No. 79 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned J.M.F.C., Bhagalpur.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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