Patna High Court
Md. MinajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to a bond and conditions, finding insufficient grounds to deny bail.
Summary
The petitioner, Md. Minaj, was arrested in connection with a family dispute case (Sultanganj P.S. Case No. 570 of 2025) alleging offences under several sections of the Bihar Negotiable Statutes. The prosecution alleged that the petitioner and co‑accused assaulted the informant's husband, his brother‑in‑law and the informant, causing injuries. The petitioner contended that the allegations were vague, the injury reports showed only minor abrasions, and that the case was fabricated by the informant, who is his sister‑in‑law, to pressurise him in a property dispute. The State opposed the bail application. Considering the lack of serious injury, the possibility of false accusation, and the petitioner’s clean record, the High Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Code of Criminal Procedure and attendance requirements.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged offences.
- Whether the injury reports and the circumstances indicate a false or exaggerated accusation warranting bail.
Legislation cited
- Bihar Negotiable Statutes (B.N.S.) — s. 109, 115(2), 117(2), 126(2), 324(6), 3(5), 351(3), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- false accusation
- family dispute
- injury report
- Section 482
- high court
- criminal procedure
- Bihar Negotiable Statutes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30209 of 2026
Arising Out of PS. Case No.-570 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Md. Minaj S/o Sheikh Moin Resident of Village - Kasimpur, Abuganj, P.S. -
Sultanganj, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md.Najmul Hodda, Adv.
For the Opposite Party/s : Mrs.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Sultanganj P.S. Case No. 570 of 2025
registered for the alleged offences under Section 126(2), 115(2),
117(2), 109, 324(6), 351(3), 352, 3(5) of the BNS.
03. As per prosecution case, petitioner and other
coaccused persons assaulted the husband of the informant, elder
brother of the husband of the informant as well as the informant in
the background of some family dispute, causing injuries to them.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
The allegations are general and omnibus against all the accused
persons and the specific allegation against this petitioner is that he
Patna High Court CR. MISC. No.30209 of 2026(2) dt.08-05-2026
2/3
gave a javelin blow in the eyes of the brother-in-law of the
informant but the injury report shows only an abrasion on the right
side of the upper eyelid which is caused by hard and blunt
substance and the nature of injury is stated to be simple. This
falsifies the allegation that the petitioner gave a javelin blow to the
brother-in-law of the informant. Learned counsel submits that even
the injury report of the husband of the informant shows quite
simple and superficial injuries which is abrasion of size 0.5cm x
0.5cm on the right hand’s ring finger apart from another abrasion
on left hand’s thumb of size 0.5cm x 0.5cm which are caused by
hard and blunt substance and are simple in nature. No injury was
reported on the informant. The injury report completely falsifies
the allegation made on the petitioner and other coaccused persons.
The informant is the own sister-in-law (bhabhi) of the petitioner
and all of them reside under the same roof but the informant has
forcibly captured a major portion of the house and for this reason
dispute arose in the family and for this reason some scuffle and
free fight took place but exaggerating the situation, the informant
has lodged this case in order to pressurize the petitioner and other
family members to concede to their demand. The petitioner has got
no criminal antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
Patna High Court CR. MISC. No.30209 of 2026(2) dt.08-05-2026
3/3
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
absence of any serious injury on the victims and further
considering the possibility of false accusation, let the petitioner
above named, in the event of his arrest or surrender before the
court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand Only) each with two sureties of the like amount
each to the satisfaction of Court of learned ACJM, Bhagalpur in
connection with Sultanganj P.S. Case No. 570 of 2025, subject to
the condition laid down under Section 482(2) of the B.N.S.S. and
other 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, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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