Patna High Court
Sk. Mahfuj @ Mahfuj AlamversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, four residents of Adhkapriya village, sought bail fearing arrest in a criminal case (Ramgarhwa P.S. Case No. 202 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault and grievous injury. The prosecution alleged the petitioners assaulted victims over a land dispute. The petitioners contended they were innocent, highlighted a prior case and counter‑case, noted a five‑day delay in filing the FIR, and argued the allegations were vague and not specific to assault. The State opposed bail. The Court examined the FIR, observed that although one injury was grievous it did not satisfy the criteria for Section 109, and found no sufficient ground to deny bail. Consequently, the Court allowed the bail application, directing release upon furnishing a Rs.10,000 bond with two sureties each, under Section 482(2) of the BNS.
Issues considered
- Whether bail should be granted in a case involving multiple serious offences including assault and grievous injury.
- Whether the FIR’s delayed filing and lack of specific assault allegations justify denial of bail.
- Whether the facts constitute an offence under Section 109 of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 191(2), 191(3), 303(2), 351(2), 352, 482(2), 74
Subjects
- bail
- criminal procedure
- assault
- grievous injury
- land dispute
- FIR delay
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81426 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
1. Sk. Mahfuj @ Mahfuj Alam S/O Samse Alam Resident of village -
Adhkapriya, (Adhkapria), Tola Murgiya, P.S.- Ramgharwa, District- East
Champaran
2. Sk. Inyatullah @ Shekh Jumman @ Md. Enyaytullah S/O Late Shekh Imam
Resident of village - Adhkapriya, (Adhkapria), Tola Murgiya, P.S.-
Ramgharwa, District- East Champaran
3. Javed Alam @ Shekh Javed S/O Late Anishur Rahman Resident of village -
Adhkapriya, (Adhkapria), Tola Murgiya, P.S.- Ramgharwa, District- East
Champaran
4. Sk. Imteyaj @ Imteyaz Alam S/O Late Anishur Rahman Resident of village
- Adhkapriya, (Adhkapria), Tola Murgiya, P.S.- Ramgharwa, District- East
Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 11-03-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Ramgarhwa P.S. Case No. 202 of 2025 registered for offences
under Sections 191(2), 191(3), 126(2), 115(2), 118(1), 109, 74,
303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are said
to have assaulted the victims for land dispute.
Patna High Court CR. MISC. No.81426 of 2025(4) dt.11-03-2026
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4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. He further submits that there is case and counter also
which has been filed earlier and the present FIR has been lodged
after a delay of five days from the date of the alleged
occurrence. He further submits that there is no specific
allegation of assault against the petitioner; rather, there is
general and omnibus allegations against them.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. Though one of the
injuries sustained by the victim is grievous in nature but from
the reading of the FIR, it doesn’t appear to be a case of Section
109 of the BNS.
7. In view of the aforesaid, this application is allowed.
8. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
Patna High Court CR. MISC. No.81426 of 2025(4) dt.11-03-2026
3/3
connection with Ramgarhwa P.S. Case No. 202 of 2025 subject
to the conditions as laid down under Section 482(2) of the
BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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