Patna High Court
Gaisul MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Gaisul Mian, was arrested in connection with a case registered under multiple sections of the B.N.S. for allegedly assaulting an informant with a farsa, causing a simple incised wound. The prosecution highlighted his prior involvement in a case under Section 323 of the IPC and an Excise Act case, for which he is already on bail. The petitioner claimed innocence, asserting the incident stemmed from a neighbourly dispute and that the injury was minor. The State opposed bail, but the court considered the petitioner’s age, the petty nature of the dispute, and the simple injury. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties, emphasizing that the observations were prima facie and not indicative of the case’s merits.
Issues considered
- Whether regular bail should be granted to the petitioner despite multiple charges under the B.N.S. and prior criminal antecedents
- Whether the petitioner’s age, the nature of the injury, and the circumstances of a petty dispute justify bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Excise Act
- Indian Penal Code — s. 323
Subjects
- regular bail
- assault
- simple injury
- age factor
- criminal procedure
- Bihar
- B.N.S.
- IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35336 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- INARWA District- West Champaran
======================================================
Gaisul Mian S/o Ajij Mian Resident of Vill. - Bhatkaul, P.S. -Inarwa, Dist. -
West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Inarwa P.S. Case No. 34 of 2026, registered under Sections
126(2), 115(2), 118(1), 351(2), 109(1), 352, 303(2), 3(5) of the
B.N.S.
3. As per prosecution case, allegation against the
petitioner is that he assaulted the informant on his head with
farsa. The petitioner has antecedent of a case under Section 323
of I.P.C. and Excise Act and is on bail in both the cases.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The occurrence is said to have taken place due to
dispute between the neighbours. The doctor though has found
the incised wound in the mid parietal region but the injury has
been found to be simple in nature. The petitioner is in custody
Patna High Court CR. MISC. No.35336 of 2026(2) dt.21-05-2026
2/2
since 24.03.2026.
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
6. Considering the age of the petitioner, simple injury
and petty dispute resulting in the occurrence, this bail
application is allowed.
7. Accordingly, let the petitioner above named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned J.M. 1st Class, Bettiah,
West Champaran/Successor court in connection with Inarwa P.S.
Case No. 34 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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