Patna High Court
Md. JabirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed, and the petitioner was released on bail subject to statutory conditions.
Summary
The petitioner, Md. Jabir, sought relief fearing arrest in a case (Bheja PS No.52 of 2020) involving multiple IPC offences including assault with a sword. The prosecution alleged he attacked the victim with a sword, while the defence argued the injuries were caused by a blunt object, asserting his innocence. The High Court examined the conflicting claims and the seriousness of the charges. It concluded that bail could be granted pending trial. Accordingly, the court ordered his release on bail of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the grave nature of the offences alleged.
- Whether the evidence indicating a sword assault is sufficient to deny bail.
- Whether the injury could have been caused by a blunt object, affecting the bail decision.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- bail
- criminal procedure
- IPC offences
- assault
- evidence
- high court
- section 438 CrPC
- section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50737 of 2025
Arising Out of PS. Case No.-52 Year-2020 Thana- BHEJA District- Madhubani
======================================================
Md. Jabir S/O Md. Hamid R/O Village- Darah, P.S- Bheja District-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Bheja P.S. Case No. 52 of 2020 registered for
the offence under Sections 147, 148, 149, 341, 323, 324, 325,
307, 448, 379, 427, 504 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
said to have assaulted the victim with a sword.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that though the
allegation against the petitioner is of assaulting the victim with a
sword but the injury has been found to be caused by hard and
blunt substance.
Patna High Court CR. MISC. No.50737 of 2025(5) dt.19-02-2026
2/2
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his 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 ADJ-III,
Jharjharpur, Madhubani/concerned Court below in connection
with Bheja P.S. Case No. 52 of 2020, 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
Checking your session…