Patna High Court
Qumrul @ Quamrul @ KamrulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the petitioner’s clean antecedent, the filing of the charge sheet, and the circumstances of the case, bail should be granted subject to conditions.
Summary
Qumrul, the petitioner, was arrested in connection with a case alleging assault and attempted murder under several sections of the Indian Penal Code. He claimed he was falsely implicated, that the incident stemmed from a land dispute, and that the FIR was lodged after a 24‑hour delay. The State and the informant argued that the petitioner stabbed his elder brother, causing grievous injuries. The court noted the petitioner’s clean antecedent, the fact that a charge sheet had already been filed, and his prolonged custody since June 2025. Weighing these factors, the court ordered his release on bail with a cash bond and sureties, subject to conditions including personal appearance before the trial court.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC.
- Whether the delay in lodging the FIR and the claim of false implication affect the bail decision.
Legislation cited
- B.N.S.S. — s. 480(3)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504, 506
Subjects
- bail
- assault
- Indian Penal Code
- clean antecedent
- land dispute
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68871 of 2025
Arising Out of PS. Case No.-29 Year-2024 Thana- BAIRGACHHAI District- Araria
======================================================
Qumrul @ Quamrul @ Kamrul Son of Late Aiyub, Resident of Village-
Koshkapura, Ward No. 01, Police Station -Bairgacchi, District- Araria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mukesh Kumar Rana, Advocate
For the State : Mr. Jai Narain Thakur, APP
For the Informant : Mr. Ramesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Bairgachhi P.S. Case No. 29 of 2024 dated
20.05.2024, registered for the offences punishable under
Sections 341, 323, 324, 307, 504 and 506 read with Section 34
of the Indian Penal Code.
3. As per the prosecution case, petitioner and other
co-accused persons assaulted the elder brother of the informant
causing a number of injuries to him.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. No offence in the manner as alleged has ever
taken place. Petitioner is own brother of the informant and
Patna High Court CR. MISC. No.68871 of 2025(4) dt.05-01-2026
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allegations of assault with sharp edged weapon is not believable.
The FIR has been lodged after delay of twenty-four hours for
which there is no satisfactory explanation. On the date of
occurrence, some scuffle took place between the brothers and in
that scuffle the elder brother Tabarak fell down and sustained
injuries. The occurrence took place in the background of land
dispute and this fact is apparent from the FIR. Learned counsel
next submits that petitioner is having clean antecedent and
chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 15.06.2025.
5. Learned A.P.P. appearing on behalf of the State
as well as learned counsel for the informant oppose the
submissions made on behalf of the petitioner. Learned counsel
for the informant submits that there is specific allegation against
the petitioner that he stabbed his elder brother with knife and
three incised wounds have been found on the person of Tabarak
and two such injuries have been found to be grievous.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
clean antecedent of the petitioner, his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Patna High Court CR. MISC. No.68871 of 2025(4) dt.05-01-2026
3/3
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Araria / concerned Court, in connection with
Bairgachhi P.S. Case No. 29 of 2024, subject to the condition
laid down under Section 480(3) of the B.N.S.S. and other
following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date or in violation of the terms of the bail, the bail bond
of the petitioner will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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