Patna High Court
Md Safdar Ali @ BhutariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Md Safdar Ali, was charged under several sections of the Bihar Negotiable Statutes (B.N.S.) 2023 for allegedly assaulting an informant during a land dispute. He contended that he was falsely implicated, that the injuries were not caused by him, and that the trial court denied bail solely on his criminal antecedents despite co‑accused being granted bail. The prosecution argued that the injuries were serious and that the petitioner had multiple pending cases. The High Court examined the lack of direct evidence linking the petitioner to the injuries, the delay in filing the complaint, and the petitioner’s custody duration and charge‑sheet submission. Concluding that the bail application was not untenable, the Court granted bail with a Rs 10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail despite multiple pending criminal cases and alleged serious injuries.
- Whether the trial court erred in denying bail on the ground of the petitioner’s antecedents.
- Whether the injuries alleged can be attributed to the petitioner.
Legislation cited
- Bihar Negotiable Statutes, 2023 — s. 109, 115(2), 118, 191(2), 351, 352, 76
- Bihar Negotiable Statutes (Special) 2023 — s. 480(3)
Subjects
- bail
- criminal procedure
- land dispute
- false case
- antecedent
- injury
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30206 of 2026
Arising Out of PS. Case No.-270 Year-2024 Thana- SONBERSA District- Sitamarhi
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Md Safdar Ali @ Bhutari S/o Late Tafazzul Hussain R/o Village -
Mobarakpur(Mubarakpur), P.S. - Sonbarsa, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel appearing on behalf
of the informant.
02. In the present case, the petitioner seeks bail in
connection with Sonbarsha P.S. Case No. 270 of 2024 registered
for the alleged offences under Sections 191(2), 115(2), 118,109,
76, 352, 351 of the B.N.S. 2023.
03. As per prosecution case, the petitioner and other
co-accused persons, variously armed, in the background of land
dispute, came to the house of the informant and assaulted the
informant and other persons causing a number of injuries to
them.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.30206 of 2026(2) dt.11-05-2026
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petitioner is innocent and has been falsely implicated in this
case. The petitioner and informant are next door neighbors and
there is land dispute between them. There is a counter case and
the petitioner's side has lodged Sonbarsha P.S. Case No. 258 of
2024 against the informant's side which is earlier in time. In
order to save their skin, the informant's side has lodged the
present false case after much deliberation and delay of eight
days. Four persons from the petitioner's side received injuries
and there is no explanation for the same. Learned counsel
further submits that the allegation against the petitioner is that
he assaulted the informant with sword but no such injury has
been found as the injuries are stated to be caused by hard and
blunt substance and one injury is simple and another is fracture
of ulna bone. Further, the allegation against the petitioner is that
he assaulted one Md. Faizi with iron rod after taking the same
from Momina Khatoon but the same is not believable. If he was
carrying sword why he would use iron rod. The learned counsel
further submits that the treatment paper of Md. Faizi shows he
received injury while playing cricket. Learned counsel further
submits that the learned trial court has not discussed the merits
of the case and rejected the prayer for bail merely on the ground
of stage of cases of criminal antecedent of the petitioner. Other
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co-accused persons have been granted bail by learned
Coordinate Bench vide orders dated 12.05.2025 and 21.05.2025
passed in Cr. Misc. Nos. 13543 of 2025 and 32637 of 2025,
respectively. The petitioner is having antecedent of six cases and
he is on bail in all such cases. The petitioner is in custody since
24.11.2025 and charge sheet has been submitted.
05. Learned APP as well as learned counsel appearing
on behalf of the informant vehemently oppose the submission
made on behalf of the petitioner. Learned counsel for the
informant submits that Md. Faizi received serious injuries and
was referred to IGIMS for better treatment and was under
treatment for six months.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injury attributed to the petitioner and also consider
the period of custody of the petitioner and submission of charge
sheet, the petitioner above named is directed to 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
learned Judicial Magistrate, Ist Class, Sitamarhi/concerned
Court in connection with Sonbarsha P.S. Case No. 270 of 2024,
subject to the conditions mentioned in Section 480(3) of
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B.N.S.S. and also 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)
DKS/-
U T
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