Patna High Court
Hajaru @ HarazuddinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Hajaru and Saheb Ali, applied for bail in a criminal case (PS Case No. 290 of 2025) where they were alleged to have participated in an assault on an informant and his family, with the knife assault specifically attributed to a co-accused. The prosecution charged them under Sections 127(1), 115(1), 118(1), 109, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioners contended that they were innocent, had no specific allegation against them, possessed no criminal antecedent, and were willing to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions and the lack of direct evidence linking the petitioners to the knife assault, the court ordered their release on bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to bail despite the charges under multiple sections of the Bharatiya Nyaya Sanhita
- Whether the lack of specific allegation against the petitioners justifies granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(1), 118(1), 127(1), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- section 482
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77988 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- BANIAPUR District- Saran
======================================================
1. Hajaru @ Harazuddin Son of Gyasuddin Resident of Village - Amaw, P.S.-
Baniapur, District - Saran
2. Saheb Ali @ Saheb Raj Son of Subhan @ Subham @ Subhan Miyan
Resident of Village - Amaw, P.S.- Baniapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 127(1), 115(1), 118(1), 109, 351(2),
352 and 3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, the accused persons
including the petitioners assaulted the informant, his brother and
parents. It is alleged that co-accused Bhabhuti Rajak @
Naushad Miya assaulted the informant and his brother with
knife due to which they sustained injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.77988 of 2025(3) dt.11-02-2026
2/2
present case. Further submission is that there is no specific
allegation against the petitioners. Specific allegation of assault
with knife is against co-accused Bhabhuti Rajak @ Naushad
Miya. Petitioners have no criminal antecedent. They undertake
to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioners be released on bail, in the event
of arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Saran at Chapra in connection with Baniyapur P.S.
Case No. 290 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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