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Patna High Court

Md. MustakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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