Patna High Court
Md. GaffarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
2/2
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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