Patna High Court
Md. TaiyabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a bond of Rs.10,000 each and two sureties, under the conditions of section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, three brothers from Jogiya village, were accused in a FIR of assaulting an informant and his mother with a knife, brick and slaps, and of snatching Rs.10,000. The informant alleged injuries, though described as simple, and the petitioners claimed a clean antecedent. The State and the informant opposed the bail petition. The Court examined the nature of the injuries, the petitioners' clean record, and the circumstances of the case. It ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties of the same amount, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail was granted pending trial in Complaint Case No. 543 of 2024.
Issues considered
- Whether bail should be granted to the accused in offences punishable under sections 109, 352 read with 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the conditions prescribed under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are satisfied for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 3(5), 352, 482(2)
Subjects
- bail
- criminal procedure
- assault
- theft
- clean antecedent
- Bharatiya Nagarik Suraksha Sanhita
- section 109
- section 352
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1718 of 2026
Arising Out of PS. Case No.-543 Year-2024 Thana- KHAGARIA COMPALINT CASE
District- Khagaria
======================================================
1 . Md. Taiyab Son of Manjur Sah Resident of village - Jogiya, P.S.- Alauli,
District - Khagaria
2. Md. Chhotu @ Noormohammad Son of Manjur Sah Resident of village -
Jogiya, P.S.- Alauli, District - Khagaria
3. Md. Jabir Son of Manjur Sah Resident of village - Jogiya, P.S.- Alauli,
District - Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Azad Son of Natho Sah Resident of village - Jogiya, Ward No.- 17, P.S.-
Alauli, District - Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners, informant
and the State .
2. Petitioners apprehend his arrest in a case registered
for the offence punishable under sections 109, 352 read with 3
(5) of BNS.
3 . As per F.I.R. informant alleged that petitioners are
alleged to have abused and assaulted informant and his mother
by means of knife , brick and slaps and also snatched Rs.
10,000/-. Injuries caused by these petitioners are simple in
nature . Rest of the allegations are ornamental in nature to make
Patna High Court CR. MISC. No.1718 of 2026(2) dt.28-01-2026
2/2
the case grave . Petitioners claim clean antecedent.
4. Learned counsel for the State as well as informant
opposed the bail petition .
5 . Considering the aforesaid facts, nature of injury ,
clean antecedent of the petitioners and other circumstances of
the case , in the event of arrest or surrender within eight weeks
from today, let the petitioner, as named above, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate Ist Class Khagaria in connection
with Complaint Case No. 543 of 2024 , subject to the conditions
laid down under section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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