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Patna High Court

Md. KasimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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