Patna High Court
Md. JibrailversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Md. Jibrail and his son Md. Akbar, sought bail after being implicated in a case alleging assault with an iron rod, outraging the modesty of the informant’s wife, and theft of a silver chain, under Sections 126(2), 115(2), 352, 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita. They claimed innocence, alleging the FIR was filed after a one‑month delay due to village politics and a land dispute, and that the injuries were minor with no serious harm. The State opposed bail, arguing the seriousness of the offences. The court considered the nature of the allegations, the delay in filing the FIR, the petitioners’ clean antecedents, and their willingness to cooperate. Finding the petitioners’ antecedents fair and the injuries not severe, the court granted bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the accused under the serious offences alleged in the FIR
- Whether the delay in filing the FIR and the nature of injuries affect the bail decision
- Whether the petitioners’ clean antecedents and cooperation warrant bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- outraging modesty
- theft
- section 482
- land dispute
- village politics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32463 of 2026
Arising Out of PS. Case No.-525 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
1. Md. Jibrail S/O Late Hadish Resident of Jorgama, Police Station- Murliganj,
Dist.- Madhepura.
2. Md. Akbar @ Md. Akbal S/O Md. Jibrail Resident of Jorgama, Police
Station- Murliganj, Dist.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bambahadur Jha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 352, 109, 303(2) and
3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the accused persons
including the petitioners assaulted the informant with iron rod
and lathi due to which he sustained injury. When wife of the
informant came to rescue, co-accused Md. Nabab outraged her
modesty. It is also alleged that the accused persons snatched
silver chain of the informant’s wife.
Patna High Court CR. MISC. No.32463 of 2026(2) dt.13-05-2026
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4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to dirty village politics and personal grudge.
Further submission is that both the parties are gotiyas and due to
land dispute, some scuffle took place between them. The F.I.R.
has been lodged after an inordinate delay of one month without
any plausible reason. He next submits that the injury to the
injured does not corroborate with the prosecution’s allegation.
Except one injury on wrist, other injuries are simple in nature.
Petitioners have no criminal antecedent. They undertake to
cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation and fair antecedent of the petitioners, let the above
named petitioners be released on bail, in the event of arrest or
surrender before the learned court below within a period of six
weeks from today, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Madhepura in connection with Murliganj P.S. Case
Patna High Court CR. MISC. No.32463 of 2026(2) dt.13-05-2026
3/3
No. 525 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-koustav
U T
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