Patna High Court
Md. MustakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
Md. Mustak was arrested in connection with a case of assault arising from a land dispute, charged under multiple sections of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. He had been in custody since 3 March 2025 and sought bail, arguing that the allegations were general, the injuries were simple, and there was no intention to cause death. The petitioner also contended that the investigation was complete, a charge‑sheet had been filed, and there was no risk of evidence tampering. The Additional Public Prosecutor opposed bail. The court, noting the simplicity of the injuries and the completed investigation, allowed the bail application, directing the petitioner to be released on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused despite the serious charges under the Bhartiya Nyaya Sanhita and the Arms Act
- Whether the nature of the alleged injuries and the completion of the investigation justify bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita — s. 109, 115, 117, 118(1), 118(2), 126(2), 351(2) read with 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- land dispute
- evidence tampering
- Bhartiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84378 of 2025
Arising Out of PS. Case No.-100 Year-2024 Thana- SHRI NAGAR District- Madhepura
======================================================
Md. Mustak son of Md. Ibrahim Resident Of village- Ghardoul, Mangalwar,
P.s. -Srinagar, District -Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 05-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with
Shrinagar P.S. Case No.100 of 2024 registered for the offences
punishable under Sections 126(2), 115, 118(1), 117, 118(2), 109,
352, 351(2) read with 3(5) of the Bhartiya Nyaya Sanhita (for
short ‘B.N.S.’) and Section 27 of Arms Act.
4. As per the prosecution case, the petitioner along
with other accused persons is alleged of assaulting the victim.
5. The petitioner is in custody since 03.03.2025.
6. It is submitted by learned counsel appearing for
petitioner that the allegation against the petitioner is general and
omnibus. It is submitted that the occurrence took place in the
background of land dispute to implicate the entire family and
Patna High Court CR. MISC. No.84378 of 2025(5) dt.05-05-2026
2/2
moreover the nature of injuries as alleged to be caused by
petitioner found simple in nature, negating intention to cause
death. While concluding argument, it is submitted that
investigation of this case is already completed for which,
charge-sheet has been submitted and, as such, there is no chance
of tampering with the evidence.
7. Learned APP opposed the prayer for grant of bail to
the petitioner.
8. In view of aforesaid factual submissions and by
taking note of fact as injuries alleged to be caused by all three
above-named petitioner appear simple in nature, this application
is allowed.
9. Accordingly, let the petitioner, above named is
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned SDJM,
Madhepura/concerned Court below in connection with Srinagar
P.S. Case No. 100 of 2024.
(Sandeep Kumar, J)
tusharika/-
U T
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