Patna High Court
Md. SagarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Penal Code — s. 109(1), 115(2), 117(2), 190, 191(1), 303(2)
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
2/3
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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