Patna High Court
Md. GufranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Md. Gufran, was arrested in connection with a dispute that escalated into an assault involving a group of boys playing cricket. The prosecution alleged that several individuals assaulted the victim with a wicket, but no specific allegation was made against the petitioner. The petitioner claimed innocence, arguing that the charge against him was a general, omnibus allegation without particular evidence. The State opposed bail, but the court considered the length of custody, the nature of the allegations, and the lack of specific incrimination. Consequently, the court granted regular bail, ordering a bond of Rs.10,000 with two sureties, while noting that its observations were prima facie and not to affect the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the omnibus nature of the allegations.
- Whether the specific provisions of the Bharatiya Nyaya Sanhita, 2023, justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 126(2), 190, 191(2)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- omnibus allegation
- criminal procedure
- assault
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19851 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- BIHAR District- Nalanda
======================================================
Md. Gufran S/O Late Khurshid @ Md. Khurshid R/O Mohalla - Chhajju, P.S-
Bihar, (Bihar Saharif) District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad
For the Opposite Party/s : Mr. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bihar P.S. Case No. 333 of 2025 registered for the offence under
Section(s) 191(2), 190, 126(2), 115(2), 109(1), 103(1) of the
Bharatiya Nyaya Sanhita, 2023.
3. The case of the prosecution, in short, is that there
was some dispute between the boys on the point of playing
cricket. It is alleged that 15–20 boys came in a group and started
assaulting Md. Nadim with wicket. It is specifically alleged that
Raj, Md. Amam, Md. Isuf, son of Mintu Chudiwala and the son
Abas have assaulted with wicket.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 16.01.2026. It is further submitted
Patna High Court CR. MISC. No.19851 of 2026(2) dt.31-03-2026
2/2
that there is general and omnibus allegation against the
petitioner and nothing specific has been attributed against him.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, the period of custody and the nature of the allegation
against the petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bihar P.S. Case No.
333 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…