Patna High Court
Md. KasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail in the present case.
Summary
Md. Kasim was arrested in connection with a case under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging that he participated in an assault that led to the death of Md. Imtiyaz. The petitioner contended that he was falsely implicated and that the allegations in the FIR were vague and omnibus. He had been in custody since 15 November 2025 and a chargesheet had already been filed. The State opposed the bail application. The Court observed that the allegations were not specific, the petitioner had been detained for over four months, and the chargesheet was already submitted, making continued detention unnecessary. Consequently, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita
- Whether the nature of the allegations (general and omnibus) justifies bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- false implication
- general allegations
- chargesheet
- custodial detention
- criminal procedure
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23514 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
Md. Kasim Son of Md. Yunus Resident of Village - Rampur Rajawa, Ward
No.- 12, Police Station - Hasanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratik, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Hasanpur P.S. Case
no.223 of 2025 registered under sections 103(1) and 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, over a trivial dispute
between the informant and the kirana shop owner, it is stated
that the son of the shop owner called the ten named accused
persons including the petitioner herein as also 2-3 unknown. All
the accused are said to have assaulted Md. Imtiyaz who was
taken to a hospital from where he was referred to the PMCH,
Patna. He died on the next day in course of treatment.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The
Patna High Court CR. MISC. No.23514 of 2026(2) dt.08-04-2026
2/2
allegations are general and omnibus in nature. The petitioner is
in custody since 15.11.2025 and chargesheet has been submitted
in the case. While the occurrence is said to have taken place on
5.11.2025, the FIR was registered on 6.11.2025 at 10:30 pm.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR being general and omnibus in nature together with the
petitioner having remained in custody for over 4 months since
15.11.2025 and chargesheet having been submitted in the case,
the petitioner is directed to be enlarged on bail in connection
with Hasanpur P.S. Case no.223 of 2025 on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-II, Rosera at Samastipur.
(Partha Sarthy, J)
Shiv/-
U T
Checking your session…