Patna High Court
Gadu @ Sagiruddin @ Md SagiruddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to a cash bond and conditions of appearance.
Summary
The petitioner, Gadu @ Sagiruddin, sought bail in a case (Paharkatta P.S. Case No. 78 of 2024) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, alleging assault on the informant's brothers. The prosecution alleged that the petitioner and co‑accused were illegally ploughing fields, assaulted the informant’s brothers, and that a co‑accused, Anwar, attacked a brother with an axe. The petitioner contended he was falsely implicated, that no specific overt act was attributed to him, and highlighted his lack of criminal antecedents and the anticipatory bail already granted to co‑accused. The State opposed bail. Considering the lack of specific allegations against the petitioner, his custody duration, and his clean record, the court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions of appearance. The bail was ordered subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail despite multiple serious charges under the Bharatiya Nyaya Sanhita, 2023
- Whether the absence of a specific overt act against the petitioner justifies bail
- Whether the petitioner’s period of custody and lack of prior criminal record warrant release
- What conditions should be imposed if bail is granted
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- anticipatory bail
- false implication
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78835 of 2025
Arising Out of PS. Case No.-78 Year-2024 Thana- PAHARKATTA District- Kishanganj
======================================================
Gadu @ Sagiruddin @ Md Sagiruddin S/O Abdul Hamid @ Hamid R/O
Village- Fulhara Ward No. 3, P.S- Pahar Katta, Distt.- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Paharkatta P.S. Case No. 78 of 2024 instituted for the offences
under Sections 109(1), 115(2), 117(2), 118(1), 126(2), 190,
191(2), 191(3), 351(2), 352 of the Bharatiya Nyaya Sanhita,
2023.
3. Prosecution case, in short, is that, on the alleged
date and time of occurrence, the petitioner and other co-accused
persons were ploughing the fields of the informant in illegal
manner. When the informant opposed, the accused persons
started abusing and assaulted the brothers of the informant. It is
further alleged that on the orders of co-accused Hakimuddin, all
Patna High Court CR. MISC. No.78835 of 2025(3) dt.06-02-2026
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the accused persons assaulted the brothers of the informant. It is
also alleged that co-accused Anwar assaulted the informant’s
brother namely, Roshan Ali with axe on his head repeatedly.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The specific
allegation of assaulting the informant’s brother Roshan Ali is
against co-accused Anwar. It has been submitted on behalf of
the petitioner that the petitioner is in custody since 09.09.2025
and has no criminal antecedent. The co-accused persons have
already been granted anticipatory bail by this Court vide order
dated 27.03.2025 passed in Cr. Misc. No. 79810 of 2024, Cr.
Misc. No. 83306 of 2024 and Cr. Misc. No. 6469 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
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Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Paharkatta P.S. Case
No. 78 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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