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Patna High Court

Md. IrfanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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