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Patna High Court

Afzal GaddiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                                   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


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