Patna High Court
Md. IrfanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioners subject to a bond and sureties under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioners Md. Irfan and Afzal Saifi were charged with assaulting an informant and the informant's father using an iron rod and a sickle, resulting in simple injuries. The FIR was lodged two days after the incident without any explanation, raising doubts about the prosecution's case. The petitioners feared arrest and applied for bail, while the State opposed the relief. The Court noted the inordinate delay in filing the FIR, the minor nature of the injuries, and the questionable strength of the prosecution's case. Accordingly, the Court granted bail subject to a bond of Rs.10,000 with two sureties and required surrender within eight weeks, under the conditions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioners despite charges under sections 115(2), 117(2), 126(2), 109, 303(2), 351, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the two‑day delay in lodging the FIR vitiates the prosecution's case and warrants bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351, 352
Subjects
- bail
- assault
- FIR delay
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4002 of 2026
Arising Out of PS. Case No.-480 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
1. Md. Irfan S/o- Mojamil Saifi @ Mojamil Miyan Village- Mathlohiyar
lohiyar, P.S- Harsidhi, District- East Champaran, Bihar
2. Afzal Saifi S/o- Mojamil Saifi @ Mojamil Miyan Village- Mathlohiyar
lohiyar, P.S- Harsidhi, District- East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Ranjan, Saket Kumar, Advocates
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 115(2), 117(2), 126(2),
109, 303(2), 351, 352 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per FIR, petitioner no.1 assaulted informant by
means of iron rod and petitioner no.2 assaulted father of the
informant by sickle. Doctor has found simple injury. F.I.R. has
been lodged after inordinate delay of two days without any
explanation which renders the entire prosecution case doubtful.
4. Learned counsel for the State opposes the prayer
for bail.
6. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, be enlarged on bail on furnishing bail bond of
Patna High Court CR. MISC. No.4002 of 2026(2) dt.03-02-2026
2/2
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the Judicial Magistrate 1 st
class, Motihari, East Champaran in Harsidhi Police Station Case
No. 480/2025, subject to the conditions laid down under section
482 Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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