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Patna High Court

Md. GaffarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties.

Summary

Md. Gaffar was arrested in connection with a case registered under multiple sections of the BNS for allegedly assaulting a victim with a sword. He had been in custody since 9 October 2025 and claimed he was falsely implicated, had no prior criminal record, and that the victim's injuries were caused by a hard, blunt object rather than a sword. The petitioner’s counsel argued for bail on the basis of innocence and lack of antecedents, while the State opposed. The court examined the allegations and the petitioner's claims and found no compelling reason to deny bail. Consequently, the court allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • What is the appropriate consideration for granting bail in a case involving multiple serious offences under the BNS?
  • Does the petitioner’s claim of innocence and lack of criminal antecedents justify bail despite the nature of the alleged assault?

Legislation cited

  • Bihar Penal Code — s. 109(1), 115(2), 118, 126(2), 303(2), 308(2), 3(5), 351(2), 352

Subjects

  • bail
  • assault with sword
  • false implication
  • criminal antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15505 of 2026
                     Arising Out of PS. Case No.-227 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Md. Gaffar S/O Bhola Miyan R/O Ajantiasthan, Rani Shakarpur, P.S.-
                 Gangor, Dist.- Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Kumar
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   25-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Khagaria (Gangaur) P.S. Case No. 227 of 2025 registered for the

                   offence under Sections 126(2), 115(2), 109(1), 303(2), 118,

                   308(2), 351(2), 352, 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner is

                   accused of assaulting the victim with sword.

                                   4. The petitioner is in custody since 9.10.2025 and

                   it has been submitted by the learned counsel for the petitioner

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He further submits that the petitioner has no criminal

                   antecedent and the injury caused to the victim is found to be

                   caused by hard and blunt substance.
          Patna High Court CR. MISC. No.15505 of 2026(5) dt.25-06-2026
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                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                    6. 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 concerned Court below in connection with Khagaria

                    (Gangaur) P.S. Case No. 227 of 2025.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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