Patna High Court
Md. Kurban Ali @ Kurban AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners subject to a bond of Rs. 10,000 and two sureties, under Section 438(2) CrPC and Section 482 BNS.
Summary
The petitioners, Md. Kurban Ali and his wife Munni Khatoon, filed a bail application fearing arrest in a criminal case (Kumarkhand P.S. Case No. 296 of 2025) that alleged offences under several sections of the BNS. The prosecution alleged that they assaulted the victim, while the petitioners claimed they were falsely implicated due to an ongoing land dispute. The petitioners' counsel argued innocence and highlighted the motive of false accusation. The court examined the allegations and the petitioners' apprehension of arrest. It allowed the bail application, directing that they be released on a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to the petitioners pending trial for the offences alleged under the BNS.
- Whether the petitioners' claim of false implication due to a land dispute warrants bail.
Legislation cited
- BNS — s. 115(2), 126(2), 324(4), 3(5), 351(2), 352, 482, 74, 76
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- false implication
- land dispute
- Criminal Procedure Code
- Section 438
- Section 482
- assault
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37828 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- KUMAR KHAND District- Madhepura
======================================================
1. Md. Kurban Ali @ Kurban Ali S/o- Late Abdul Latif Resident of Village -
Tikuliya, Ward no. -09, P.S.- Kumarkhand, District- Madhepura.
2. Munni Khatoon W/o- Md. Kurban Ali @ Kurban Ali Resident of Village -
Tikuliya, Ward no. -09, P.S.- Kumarkhand, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Kumarkhand P.S. Case No. 296 of 2025
registered for the offence under Section 115(2), 126(2), 74, 76,
324(4), 351(2), 352, 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case because of admitted land
dispute between the parties.
Patna High Court CR. MISC. No.37828 of 2026(2) dt.16-06-2026
2/2
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned concerned
Court below in connection with Kumarkhand P.S. Case No. 296
of 2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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