Patna High Court
Md. Faizan @ FaiziversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Md. Faizan, was arrested on 17 November 2025 in connection with an assault case (PS Kothi Case No. 128 of 2025) and charged under several sections of the Indian Penal Code, including 115(2), 126(2), 109, 303(2), 351(2), 352 and 3(5). The prosecution alleged that the petitioner assaulted the victim, while the defence argued that the injury was caused by a hard, blunt object and not by the petitioner. The petitioner applied for bail, contending innocence and seeking release pending trial. The Court examined the nature of the allegations, the duration of custody, and the lack of a conclusive finding on guilt. It concluded that bail could be granted subject to a bond of Rs. 10,000 with two sureties, without expressing any opinion on the merits of the case. Consequently, the petitioner was ordered to be released on bail.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under the IPC.
- Whether the evidence presented by the prosecution sufficiently justifies continued detention.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- Indian Penal Code
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21676 of 2026
Arising Out of PS. Case No.-128 Year-2025 Thana- KOTHI District- Gaya
======================================================
Md. Faizan @ Faizi S/o Md. Gufaran Khan @ Gurfan Khan R/o Village -
Kothi, PS - Kothi, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kothi P.S. Case No. 128 of 2025 registered for the offence under
Sections 115(2), 126(2), 109, 303(2), 351(2), 352, 3(5) of the
BNS.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim.
4. The petitioner is in custody since 17.11.2025 and
it has been submitted by the learned counsel for the petitioner
that the petitioner is innocent and though, the injury is said to
have been caused by Tangi but the injury report shows that the
injury sustained is caused by hard and blunt substance.
Patna High Court CR. MISC. No.21676 of 2026(2) dt.07-04-2026
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 Kothi
P.S. Case No. 128 of 2025.
7. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…