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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

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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