Patna High Court
Murshid MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that bail should be granted to the petitioners subject to conditions.
Summary
The petitioners Murshid Mian, Ibraj Mian and Rashid Mian were named in FIR No. 50 of 2026 for offences including assault with a lathi and knife, under various sections of the Bharatiya Nyaya Sanhita, 2023. They claimed innocence, stating the dispute arose from a family quarrel over a papaya tree and that the injuries were minor. The State opposed bail, acknowledging a case and counter‑case. The High Court examined the facts, the nature of the injuries, and the existence of a legitimate case, and concluded that bail was appropriate. Accordingly, the court ordered bail on a bond of ₹30,000 each, subject to verification of criminal antecedents and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to bail despite the pending charges under the Bharatiya Nyaya Sanhita, 2023
- Whether the nature of the alleged offences and the circumstances justify the grant of bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 76
Subjects
- bail
- criminal procedure
- assault
- FIR
- verification of antecedent
- section 482
- section 2(1)(d)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36055 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- HASANGANJ District- Katihar
======================================================
1. Murshid Mian S/o Late Kamruddin Resident of Village- Purana Dherwa,
P.S.- Hasanganj, District- Katihar
2. Ibraj Mian S/o Late Kamruddin Resident of Village- Purana Dherwa, P.S.-
Hasanganj, District- Katihar
3. Rashid Mian S/o Late Kamruddin Resident of Village- Purana Dherwa, P.S.-
Hasanganj, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Musowir, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners who apprehend arrest in connection
with Hasanganj P.S. Case No. 50 of 2026 lodged on 14.02.2026,
for the offences punishable under Sections 126(2), 115(2), 109,
76, 351(2), 351(3), 352, 303(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
4. As per the prosecution, the F.I.R. has been lodged
against twelve named accused persons including the present
Patna High Court CR. MISC. No.36055 of 2026(2) dt.02-06-2026
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petitioners. Allegation against petitioner No. 1 that he had
assaulted by lathi and allegation against petitioner No. 2 that he
had assaulted by knife due to which injury has been caused.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that due to issue of papaya tree, the dispute arisen
between the family of informant and petitioner and for the same
date and place of occurrence dated 12.02.2026, two FIRs, i.e.,
Hasanganj P.S. Case No. 49/2026 and Hasanganj P.S. Case
No.50/2026 have been lodged after two days of the occurrence.
Counsel submits that petitioners are well-known to each other.
The injury is basically simple in nature, which is annexed as
Annexure-P/3.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail but fairly submits that there is case
and counter-case.
7. In the present facts and circumstances of the case,
let the above-named petitioners be released on bail, in the event
of their arrest or surrender before the Trial Court within a period
of four weeks from today, on furnishing bail bond of ₹30,000/-
(Rupees Thirty Thousand only) each, as mentioned in Section
2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
Patna High Court CR. MISC. No.36055 of 2026(2) dt.02-06-2026
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satisfaction of the learned J.M 1st Class, Katihar, in
connection with Hasanganj P.S. Case No.50 of 2026, subject
to the conditions as laid down under Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023.
And further condition that the court below shall verify
the criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed their
criminal antecedent, the trial Court shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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