Patna High Court
Md Asfaque @ Asfaque @ AsfakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md Asfaque, was arrested in connection with a case registered under Sections 147, 323, 324, 307, 379, 337 and 504 of the Indian Penal Code for allegedly assaulting the informant's brother with an iron rod. He claimed that the incident arose from a petty dispute that resulted in mutual injuries and asserted a clean antecedent. The petitioner applied for bail after being in custody since 21‑08‑2025, while the State opposed the bail on the seriousness of the offences. The Court considered the length of custody, the nature of the offences, and the petitioner’s claim of a clean record. It ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Khagaria.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under Sections 147, 323, 324, 307, 379, 337 and 504 IPC.
Legislation cited
- Indian Penal Code — s. 147, 307, 323, 324, 337, 379, 504
Subjects
- bail
- IPC offences
- assault
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83552 of 2025
Arising Out of PS. Case No.-77 Year-2024 Thana- GOGRI District- Khagaria
======================================================
Md Asfaque @ Asfaque @ Asfak S/O Md Ataullah Resident Of Village-
Gogari Fakrana, Ward no.13, P.s.- Gogari, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md.Najmul Hodda
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 147, 323, 324, 307, 379, 337, 504 of the
Indian Penal Code.
3. As per prosecution case, petitioner is alleged to
have assaulted brother of the informant with iron rod.
4. Learned counsel for the petitioner submits that due
to petty issue, Maarpeet took place between the parties in which
both sides sustained injury. Case and counter case. Petitioner is
in custody since 21.08.2025 and claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the period of custody, let the above
Patna High Court CR. MISC. No.83552 of 2025(2) dt.27-01-2026
2/2
named petitioner be released on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Khagaria in
connection with Gogari P.S. Case No. 77 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
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