Patna High Court
MD. JUBRAIL @ JUBRAILversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding the allegations non‑specific and the injury evidence non‑corroborative.
Summary
The petitioner, Md. Jubrail, applied for bail in a case involving alleged offences under multiple sections of the Indian Penal Code, including assault and grievous hurt. The prosecution alleged that the petitioner and 12 co‑accused attacked the informant’s daughter‑in‑law with weapons, causing a fractured head, while the petitioner claimed the allegations were false and the injury report showed only minor discoloration. The court noted the non‑specific nature of the allegations against the petitioner, the lack of corroborative injury evidence, and the fact that a charge sheet had already been filed after a prolonged custody of over four months. Considering these factors, the court granted bail on the condition of a Rs. 10,000 bond with two sureties and imposed additional conditions under Section 480(3) of the B.N.S.S. The bail order also required the petitioner’s presence at all court dates and stipulated cancellation upon repeated non‑appearance.
Issues considered
- Whether bail should be granted despite the seriousness of the alleged offences under the IPC.
- Whether the prosecution’s evidence, particularly the injury report, sufficiently corroborates the allegations against the petitioner.
- Whether the duration of custody and filing of the charge sheet affect the bail decision.
Legislation cited
- B.N.S.S. — s. 480(3)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Section 480(3) B.N.S.S.
- non‑corroborative evidence
- assault
- grievous hurt
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73701 of 2025
Arising Out of PS. Case No.-278 Year-2023 Thana- JOGBANI District- Araria
======================================================
Md. Jubrail @ Jubrail S/O Late Khalil R/O Vill.- Fena Belahi, Ward no. 11,
P.S.- Jogbani (Bathnaha), Dist.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Naushaduzzoha, Advocate
For the Opposite Party/s : Mrs.Pushpa Sinha-1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Jogbani Bathnaha P.S. Case No. 278 of 2023
registered for the alleged offences under Sections 341, 147,
149, 342, 323, 324, 354B, 307, 379, 504, 506 of the Indian
Penal Code.
03. As per prosecution case, the petitioner and other
12 co-accused persons armed with lathi, Bhala, iron rod etc.
surrounded the daughter-in-law of the informant and brutally
assaulted her. The petitioner and two other co-accused persons
assaulted the daughter-in-law with iron rod on her head
fracturing it and she became unconscious. When the wife of the
Patna High Court CR. MISC. No.73701 of 2025(3) dt.21-01-2026
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informant came to rescue, she was also assaulted.
04. Learned counsel for the petitioner submits that the
allegation is false and concocted. The informant made altogether
13 persons as accused in this case. However, injury report of the
daughter-in-law shows only injury which is discolouration
around the left eye which falsifies the allegation against the
petitioner and other co-accused that they assaulted the daughter-
in-law with iron rod. It is not believable that so many persons
assaulted the daughter-in-law and she received only one injury.
The petitioner has antecedent of two cases and in both the cases
he has been granted anticipatory bail. The petitioner is in
custody since 28.08.2025 and charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-specific nature of allegation against the petitioner and non-
corroborative injury and also considering the period of custody
of the petitioner and submission of charge sheet, the petitioner
above named is directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.73701 of 2025(3) dt.21-01-2026
3/3
Magistrate, Araria/concerned Court in connection with Jogbani
Bathnaha P.S. Case No. 278 of 2023, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the 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.
(iii) In case of absence on three
consecutive dates 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)
DKS/-
U T
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