Patna High Court
Afzal GaddiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for regular bail, granting it subject to specified conditions.
Summary
The petitioner, Afzal Gaddi, sought regular bail for offences alleged under Sections 126(2), 115(2), 118, 117, 109, 352, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, relating to a alleged loot of Rs. 53,000. His earlier bail application had been rejected on 22.01.2025. The petitioner claimed innocence and had been in custody since 28.07.2024. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the facts and circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with attendance and cooperation conditions. The bail is subject to cancellation on default of appearance or non‑cooperation in the trial.
Issues considered
- Whether regular bail can be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the conditions imposed are sufficient to ensure the petitioner’s attendance and cooperation in the trial
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117, 118, 126(2), 303(2), 3(5), 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- robbery
- bail conditions
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68456 of 2025
Arising Out of PS. Case No.-108 Year-2024 Thana- GOPALPUR District- West Champaran
======================================================
Afzal Gaddi Son of Suresh Gaddi Resident of Village- Dakahi, Police Station-
Gopalpur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik
For the Opposite Party/s : Mr. Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Gopalpur P.S. Case No. 108 of 2024
registered for the offence under Sections 126(2), 115(2), 118,
117, 109, 352, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023. Earlier the bail application of the petitioner was rejected
on 22.01.2025 in Cr. Misc. No. 76388 of 2024.
3. As per the prosecution case, the petitioner along
with co-accused is said to have looted Rs. 53,000/- from the
informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 28.07.2024.
Patna High Court CR. MISC. No.68456 of 2025(3) dt.11-02-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 Judicial Magistrate, 1st Class, Bettiah
at West Champaran/concerned Court below in connection with
Gopalpur P.S. Case No. 108 of 2024 subject to condition that:-
(i). The petitioner will mark his
attendance at the Gopalpur Police Station
on every Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…