Patna High Court
Md. Bhola @ Javed @ JawedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioner, Md. Bhola, was arrested in connection with a dispute that escalated into an assault where he allegedly disrobed and struck the informant's wife with an iron rod, leading to charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed he was falsely implicated, that the altercation involved minor injuries, and that there was no intent to cause death, emphasizing his clean antecedent and that the matter had been initially settled by neighbours. The State contended that the wife suffered grievous injuries and that the petitioner was the principal offender. The court examined the background of the dispute, the nature of the injuries, the petitioner’s custody period, and his clean record. Considering the lack of repeated violence and the petitioner’s personal circumstances, the court granted bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order also imposed compliance requirements such as regular court appearances and the presence of a close relative as a bailor.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence that would justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2) r/w 3(5), 351(2), 352, 480(3), 76
Subjects
- bail
- criminal procedure
- assault
- grievous hurt
- Bharatiya Nyaya Sanhita
- Section 480
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25652 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
Md. Bhola @ Javed @ Jawed S/O Nur Mohammad @ Noor Mohhammad
R/O Village- Murgiya Chak, P.S- National Highway Bangra, Dist.-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with National Highway Bangra P.S. Case No. 150 of
2025 registered for the alleged offences under Sections 115(2),
126(2), 352, 351(2), 76, 109(1), 303(2) r/w 3(5) of Bharatiya
Nyaya Sanhita, 2023.
03. As per prosecution case, in the background of a
quarrel between the children, informant and his wife were
assaulted by petitioner and other co-accused persons, causing
injuries to them. The specific allegation against the petitioner is
that he disrobed the wife of the informant and hit her on her
head with an iron rod.
Patna High Court CR. MISC. No.25652 of 2026(2) dt.17-04-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Background of the dispute is clear from the FIR itself.
Some hot argument took place and the parties entered into
scuffle and the persons from both sides received minor injuries.
The matter was pacified by the neighbours and the parties
agreed not to lodge any FIR. However, after two days of
occurrence, the informant lodged this case procuring an injury
report of his wife. There is no other motive or reason for the
occurrence and there was no intention to cause death of any
person as is evident from the contents of the FIR. The petitioner
is having clean antecedent and is in custody since 15.02.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
injury of the wife of the informant has been found to be
grievous and the author of the said injury is the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
background of dispute and no repetition of blow and further
considering the period of custody of the petitioner and his clean
antecedent, the petitioner above named is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)
Patna High Court CR. MISC. No.25652 of 2026(2) dt.17-04-2026
3/3
with two sureties of the like amount each to the satisfaction of
learned Sub Divisional Judicial Magistrate, Samastipur/court
concerned in connection with National Highway Bangra P.S.
Case No. 150 of 2025, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
Checking your session…