Patna High Court
Md. Idrish @ Badshah KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Idrish @ Badshah Khan, was arrested on 20 January 2026 in connection with an assault case (FIR dated 21 January 2026) alleging that he attacked an informant with an iron rod, causing a head injury. He sought bail, claiming a clean antecedent and that the injury was minor, while the State opposed the bail. The court examined the facts, the nature of the alleged assault, and the petitioner’s lack of prior convictions. Considering the circumstances, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, imposing conditions of court attendance, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The bail order was conditioned on compliance, with provisions for cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner accused of assault under Sections 126(2), 115(2), 109(1), 117(2), 74, 303(2), 3(5) of the B.N.S. considering the nature of the offence and his antecedents.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 74
Subjects
- bail
- criminal procedure
- assault
- injury
- antecedent
- court conditions
- release on bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24438 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Md. Idrish @ Badshah Khan S/o- Late Md. Hussain R/v- Rampur Raut, Ps-
Kusheshwar Sthan Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Smiti Bharti, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mrs. Smriti Bharti, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
20.01.2026 in connection with Kusheshwar Asthan P.S. Case
No. 12 of 2026, F.I.R. dated 21.01.2026 for the offences
punishable under Sections 126(2), 115(2), 109(1), 117(2), 74,
303(2), 3(5) of the B.N.S.
3. The allegation against the petitioner is that he has
assaulted the informant by means of iron rod on his head due to
which he received head injury.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.24438 of 2026(2) dt.15-04-2026
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implicated in the present case. It appears from the FIR that due
to some petty dispute, the present occurrence had taken place.
Although, the specific allegation attributed against the petitioner
is that he has assaulted the informant by means of iron rod and
the informant has sustained the injury but the injury report of
the informant suggests that the injury is simple in nature caused
by hard and blunt substance and the petitioner is in custody
since 20.01.2026.
5. Learned APP for the State on the other hand
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, 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 S.D.J.M., Biraul, Darbhanga, in connection with
Kusheshwar Asthan P.S. Case No. 12 of 2026, with the
following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.24438 of 2026(2) dt.15-04-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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