Patna High Court
Md. Julfikar @ JulfikarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, three brothers, were arrested in connection with a violent incident involving assault and theft, and have been in custody since August 2025. They sought regular bail under multiple sections of the B.N.S., claiming innocence and alleging that the case arose from a land dispute and a prior altercation over a common toilet. The prosecution opposed bail, citing the seriousness of the offences. The petitioners argued that there is no specific allegation against them, they have no criminal record, the parties have now compromised, and there is no risk of absconding or evidence tampering. Considering the compromise, lack of antecedent, and the period already spent in custody, the court ordered bail on a bond of Rs.10,000 with two sureties each. The bail order effectively releases the petitioners pending trial.
Issues considered
- Whether regular bail should be granted to the accused under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351 and 3(5) of the B.N.S. in view of the nature of the alleged offences and the circumstances of compromise.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351, 352
Subjects
- bail
- criminal procedure
- compromise
- serious offences
- Bihar
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.699 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- BAISI District- Purnia
======================================================
1. Md. Julfikar @ Julfikar Son of Hazi Md. Mangalu @ Hazi Mangalu
Resident of Majalishpur, P.S.- Baisi, District- Purnea.
2. Sajid @ Sajid Alam Son of Late Hazi Md. Manglu @ Hazi Mangalu
Resident of Majalishpur, P.S.- Baisi, District- Purnea.
3. Munazir @ Nazir Alam Son of Late Hazi Md. Manglu @ Hazi Mangalu
Resident of Majalishpur, P.S.- Baisi, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarveshwar Tiwary, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners seek regular bail in a case registered
under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351
and 3(5) of the B.N.S.
3. As per prosecution case, on the alleged date of
occurrence while the informant was returning after closing the
toilet gate, the accused persons including petitioners having
armed with deadly weapons started abusing her and accused
Nazir and Sazid gave sword blow on the person of informant’s
father due to which he sustained injury. It is further alleged that
Patna High Court CR. MISC. No.699 of 2026(3) dt.20-02-2026
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the accused persons also assaulted the mother of the informant
by entering her house and took away valuable items.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. The altercation took place on account of path and common
toilet. No specific allegation is attributed to the petitioners rather
there is general and omnibus allegation against them. Both
parties are full brothers and there is land dispute between them.
There is case and counter case between both sides. Both parties
have now compromised the case. After investigation, the charge
sheet has already been submitted and there is no chance of
absconding of the petitioners or tampering with the evidence.
Petitioners are in jail since 17.08.2025 having no criminal
antecedent and they undertake to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioners.
6. Considering the facts and circumstances of the
case, submissions of the parties and the fact that both parties are
full brothers and have compromised the case, having no
criminal antecedent and the period of custody undergone by
them, let the above named petitioners be released on bail on
furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each
Patna High Court CR. MISC. No.699 of 2026(3) dt.20-02-2026
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with two sureties of the like amount each to the satisfaction of
learned C.J.M., Purnea/concerned court in connection with Baisi
P.S. Case No.334 of 2025.
(Sunil Dutta Mishra, J)
Harish/-
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