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Patna High Court

Md. ArshadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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