Patna High Court
Buddhu @ Badrul @ Md. Badruddin @ BadruddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to the stipulated conditions.
Summary
The petitioner, Buddhu, was arrested on 11 June 2025 for allegedly stabbing the husband of an informant, an offence alleged under Sections 109 and 118(1) of the BNS, 2023. He claimed the FIR was false, that he had no intention to kill, and that he possessed a clean criminal antecedent. The State opposed his bail, arguing the seriousness of the assault. The court examined the petitioner's clean record and the lack of lethal intent, and concluded that bail could be granted. Accordingly, the court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 109 and 118(1) of the BNS, 2023.
- Whether the alleged assault, lacking intent to kill, justifies denial of bail.
- Whether the petitioner's clean antecedent warrants bail despite the charges.
Legislation cited
- BNS, 2023 — s. 109, 118(1)
Subjects
- bail
- criminal procedure
- assault
- intent
- clean antecedent
- Section 109
- Section 118
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83983 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- BAIRGACHHAI District- Araria
======================================================
Buddhu @ Badrul @ Md. Badruddin @ Badruddin S/o Ishaque R/o Village -
Rampur Mohanpur Paschim, Ward No. 10, P.S - Bairgachi, District - Purnea
(Bihar), Pin - 854311
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nishant Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr.Nishant Kumar Sinha, learned counsel
for the petitioner, learned counsel for the informant and Mr.Md.
Aslam Ansari, learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail, who is in custody since
11.06.2025 in connection with S.T.No.749 of 2025 arising out of
Bairgachi P.S. Case No. 63 of 2025, F.I.R. dated 10.06.2025
registered for the offence punishable under Section 109 of
BNS,2023. Later on chargesheet has been submitted on
06.08.2025 under Sections 109 and 118(1) of BNS, 2023.
3. As per FIR, allegation against the petitioner is that
he stabbed the husband of the informant causing injury on his
stomach.
Patna High Court CR. MISC. No.83983 of 2025(3) dt.31-01-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. The
informant is not the eye witness of the alleged occurrence,
although there is specific allegation against the petitioner that he
assaulted to the husband of the informant by means of knife.
Learned counsel for the petitioner submits that due to some
altercation took place due to husband of the informant and the
petitioner and he has stabbed knife upon the husband of the
informant but there is no intention to kill anyone and the police,
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 11.06.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioner.
6. Considering the aforesaid facts and petitioner has
clean antecedent, let the petitioner, above named, 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., Araria in connection with S.T.No.749 of 2025
arising out of Bairgachi P.S. Case No. 63 of 2025, with the
Patna High Court CR. MISC. No.83983 of 2025(3) dt.31-01-2026
3/3
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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