Patna High Court
Md. ArshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to monetary bond and specific conditions.
Summary
Md. Arshad was arrested on 8 January 2026 in connection with a FIR dated 2 December 2025 alleging that he, along with others, assaulted an informant at a wedding using scissors and knives, causing injury. The petitioner claimed he was falsely implicated, that the incident was a spur‑of‑the‑moment act without intent to kill, and that he had been in custody for over two months. The prosecution opposed bail, highlighting a direct allegation of assault with a weapon and the petitioner’s prior criminal antecedent. The court examined the seriousness of the offences under the Bharatiya Nyay Sanhita, 2023, and the circumstances of the case. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence, while allowing verification of the petitioner’s criminal antecedent.
Issues considered
- Whether bail should be granted to the accused in a case of assault with weapons under the Bharatiya Nyay Sanhita, 2023, considering the seriousness of the offence and the accused’s criminal antecedent.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 3(5), 351(2), 351(3)
Subjects
- bail
- assault
- weapon
- criminal antecedent
- Bharatiya Nyay Sanhita
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14911 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Md. Arshad S/o- Late Md. Mustafa Village- Takiya Ward No- 10 PS-
Bhagwanpur District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the State : Mr. Anil Kumar, APP
For the Informant : Mr. Madhav Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-03-2026 Heard Mr. Sandip Kumar Gautam, learned counsel
for the petitioner, Mr. Anil Kumar, learned Additional Public
Prosecutor for the State as well as Mr. Madhav Kumar, learned
counsel for the Informant.
2. Petitioner seeks bail who is in custody since
08.01.2026 in connection with Bhagwanpur P.S. Case No. 343
of 2025, F.I.R. dated 02.12.2025 for the offences punishable
under Sections 126(2), 115(2), 118(2), 109(1), 351(2), 351(3),
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that
when the informant was present at the wedding dinner of
daughter of Raja Ram suddenly the petitioner along with other
co-accused persons arrived and assaulted him by means of
Patna High Court CR. MISC. No.14911 of 2026(2) dt.09-03-2026
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scissors and knives due to which informant sustained injury and
later taken to P.H.C, Bhagwanpur for medical treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
false and fabricated. It appears from the FIR itself that due to
spur of moment, the present occurrence has taken place and
there was no intention to kill anyone. He next submits that the
petitioner is in custody since 08.01.2026.
5. The learned Additional Public Prosecutor and
learned counsel for the informant have vehemently opposed the
prayer for bail of the petitioner on the ground that there is direct
and specific allegation against the petitioner that he assaulted to
the informant by means of knife and scissors and the informant
received injury and apart from that the petitioner carries one
criminal antecedent other than the present one but fairly submits
on the basis of paragraph-3 of the bail application that the
petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
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 Chief
Patna High Court CR. MISC. No.14911 of 2026(2) dt.09-03-2026
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Judicial Magistrate, Begusarai in connection with Bhagwanpur
P.S. Case No. 343 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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