Patna High Court
Mugali HasmiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
The petitioner, Mugali Hasmi, was arrested in connection with Piro Police Station Case No. 205/2025 for alleged offences under Sections 137(2) and 140(3) of the B.N.S., accused of assisting the main accused by cleaning the victim's clothing. He pleaded innocence, claiming false implication, and highlighted his clean antecedents and cooperation with the investigation. The State opposed his regular bail application. The court examined the facts, the nature of the allegations, and the petitioner’s conduct while in custody since 06‑07‑2025. Finding no substantive reason to deny bail, the court granted regular bail on the condition of a Rs. 10,000 bond with two sureties. The order directed the petitioner’s release upon furnishing the bail bond to the Additional Chief Judicial Magistrate‑VII, Bhojpur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under Sections 137(2) and 140(3) of the B.N.S.
- Whether the prosecution’s case and the petitioner’s antecedents justify denial of bail
Legislation cited
- B.N.S. — s. 137(2), 140(3)
Subjects
- bail
- regular bail
- criminal procedure
- Sections 137(2) B.N.S.
- Sections 140(3) B.N.S.
- pre‑trial detention
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.222 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- PIRO District- Bhojpur
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Mugali Hasmi S/o- Late Mustak Hasmi Resident of Village- Bhagalpur Ward
No- 24 Piro P.S- Piro District-Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. 'XX' R/v- Bhagalpur, W.No-22, Piro, Ps- Piro Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Piro
P.S. Case No. 205/2025 registered for the offences punishable
under Sections 137(2), 140(3) of the B.N.S.
3. As per the prosecution case, petitioner is accused of
helping the main accused, who is accused of killing the
deceased and has cleaned the clothing of Mustafa Hasmi.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that petitioner has no role in
the rape and murder of the victim. Learned counsel further
submits that petitioner has clean antecedent and he is in custody
Patna High Court CR. MISC. No.222 of 2026(4) dt.23-04-2026
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since 06.07.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, 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 Additional Chief Judicial Magistrate-
VII, Bhojpur at Ara /concerned Court below in connection with
Piro P.S. Case No. 205/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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