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Patna High Court

Hajaru @ HarazuddinversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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