Patna High Court
Md. Arsad @ BhuttaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the non‑serious nature of the allegations and lack of corroborative injury, bail should be granted subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners sought bail fearing arrest in a case (Rosera P.S. No.217/2025) alleging offences under Sections 191(2), 126(2), 115(2), 352 and 110 of the B.N.S. The prosecution claimed the petitioners demolished an informant's house, assaulted him and that Md. Hira delivered a Khanti blow. The petitioners contended they were falsely implicated, arguing that the medical report showed only a minor abrasion on the ear while also noting a compression fracture that was not linked to any blow by them, thus lacking corroborative injury. The court examined the non‑serious nature of the allegations, the absence of injury corroboration, and the possibility of false implication. Accordingly, the court ordered bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the B.N.S.S. and other procedural conditions. The bail was granted subject to the petitioners appearing before the trial court as required.
Issues considered
- Whether bail should be granted to the petitioners pending trial for offences under Sections 191(2), 126(2), 115(2), 352 and 110 of the B.N.S.
- Whether the injury evidence presented by the prosecution sufficiently corroborates the alleged assault.
- Whether there is a likelihood that the petitioners have been falsely implicated.
Legislation cited
- B.N.S. — s. 110, 115(2), 126(2), 191(2), 352, 482(2)
Subjects
- bail
- false implication
- injury evidence
- criminal procedure
- Section 482
- non‑serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14574 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- ROSERA District- Samastipur
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1. Md. Arsad @ Bhutta S/o Md. Natho @ Md. Nathu. Resident of Village-
Udaipur, P.S.- Rosera, District- Samastipur
2. Rajeena Khatoon W/o Md. Natho @ Md. Nathu. Resident of Village-
Udaipur, P.S.- Rosera, District- Samastipur
3. Md. Natho @ Md. Nathu S/o-Late Md. Haneef Resident of Village- Udaipur,
P.S.- Rosera, District- Samastipur
4. Md. Hira @ Md. Heera S/o Md. Natho @ Md. Nathu. Resident of Village-
Udaipur, P.S.- Rosera, District- Samastipur
5. Md. Kaisar S/o - Md. Natho @ Md. Nathu. Resident of Village- Udaipur,
P.S.- Rosera, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gaurav Kumar, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Rosera P.S. Case
No. 217 of 2025 registered for the offences under Sections
191(2), 126(2), 115(2), 352, 110 of B.N.S.
3. As per prosecution case, the petitioners came to
the doors of the informant and started demolishing his house.
All the petitioners slapped the informant and petitioner Md. Hira
gave a Khanti blow on the left side of the head of the informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.14574 of 2026(2) dt.01-04-2026
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the petitioners are innocent and have falsely been implicated in
this case. The allegation against petitioner Md. Hira of giving
Khanti blow to the informant gets falsified from the nature of
injury discussed by the learned Additional Sessions Judge in his
rejection order which shows only one abrasion on the left ear of
size 1/2 cm X skin. There is no other allegation of giving blow
by any other weapon. However, the same rejection order also
shows compression fracture of left vertebra and mild dise space
narrowing at L4-L5 level and the injury was stated to be
grievous. There is no allegation against any of the petitioners for
causing such injury on the back of the informant. Therefore, the
injury suffered by the informant does not corroborate the
allegation. Learned counsel further submits that the petitioners
and informant are agnates and there is dispute over passage and
only some altercation took place which resulted in scuffle and
no injury was caused to the informant. The petitioners are
having antecedent of one case in which they are on bail.
5. Learned APP opposes the submission made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-serious nature of allegation against the petitioners and
Patna High Court CR. MISC. No.14574 of 2026(2) dt.01-04-2026
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absence of corroborative injury and further considering the
possibility of false implication, let the petitioners above named,
in the event of their arrest or surrender before the court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Rosera, Samastipur/concerned court in
connection with Rosera P.S. Case No. 217 of 2025, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
and other following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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