Patna High Court
Md. BadruddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to payment of Rs.5,000 to the victim and compliance with specified bail conditions.
Summary
The petitioner, Md. Badruddin, sought anticipatory bail in connection with a FIR (Case No. 279 of 2025) alleging multiple offences under the B.N.S. arising from a dispute at a marriage function. The prosecution alleged that the petitioner assaulted several individuals, including delivering a "tengari" blow to Mohammad Akhtar. The petitioner contended that the FIR was exaggerated, the injuries were minor, he had no prior criminal record, and offered to pay Rs.5,000 to the victim as compensation. The State opposed the bail, maintaining the allegations of assault. The High Court, after considering the submissions, granted anticipatory bail subject to a payment of Rs.5,000 to the victim, a bail bond of Rs.10,000 with two sureties, and a series of conditions regarding appearance, attendance, and non‑interference with witnesses. The order stipulated that the bail would be effective if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the FIR.
- Whether the court may impose a condition of monetary compensation to the victim as part of anticipatory bail.
- Whether the alleged nature of the injuries and the petitioner's lack of antecedents justify granting bail.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 303(2), 308(3), 324(4), 3(5), 352
Subjects
- anticipatory bail
- bail bond
- assault
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6532 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Md. Badruddin Son of Md. Masharu Resident of Village- Godhiyari, P.S.-
Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
: Ms. Archna Aanand, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 01-04-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Phulparas P.S. Case No. 279 of 2025 registered
for the offence under Sections 126(2), 308(3), 115(2), 118(1),
109(1), 352, 303(2), 324(4) and 3(5) of the B.N.S., lodged on
27.06.2025 by the informant, Md. Mujahir.
3. As per the prosecution story, the informant alleged
that on minor dispute at a marriage function, the accuse started
assaulting and allegation against this petitioner is of giving
‘tengari’ blow to Mohammad Akhtar beside assaulting the
informant. Mohammad Anwarul and Mohammad Sufiyan also
assaulted. This led to the F.I.R..
Patna High Court CR. MISC. No.6532 of 2026(4) dt.01-04-2026
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4. Learned counsel for the petitioner submits that
exaggerated F.I.R. is there, the injuries have been found to be
simple in nature, the petitioner do not have criminal antecedent
and there is counter version of this case also. Last submission is
that without accepting the allegation or outcome of the present
petition, the petitioner intends to pay Rs.5,000/- to the
Mohammad Akhtar through the informant towards treatment by
Demand Draft issued by the local branch of the State Bank of
India/any Nationalized Bank to be submitted at the time of
execution of bail bond.
5. Learned APP opposes the prayer submitting that
allegation of assault is against this petitioner.
6. Considering the submissions put forward by the
parties and perusing the record, this Court is inclined to extend
him the privilege of anticipatory bail subject to payment of
Rs.5,000/- to Mohammad Akhtar through the informant as
undertaken by the learned counsel for the petitioner through
Demand Draft issued by the local branch of the State Bank of
India/any Nationalized Bank to be submitted at the time of
execution of the bail bond and the same shall be handed over to
Mohammad Akhtar through the informant after checking
credentials.
Patna High Court CR. MISC. No.6532 of 2026(4) dt.01-04-2026
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7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-II,
Jhanjharpur, Madhubani, in connection with Phulparas P.S.
Case No. 279 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
Patna High Court CR. MISC. No.6532 of 2026(4) dt.01-04-2026
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to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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