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Patna High Court

Qumrul @ Quamrul @ KamrulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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