Patna High Court
Dara HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions under Section 438(2) of the Code of Criminal Procedure.
Summary
The petitioner, Dara Hussain, was named in FIR No. 239 of 2025 for alleged involvement in a violent assault on an informant and his family, with charges under multiple sections of the Bihar Narcotic... Act, 2023. He contended that he had a clean antecedent and that the FIR only alleged he gave orders, not that he personally committed any overt act. The prosecution argued that he was the principal offender and opposed his bail. The Court considered the nature of the allegations, the petitioner’s claim of no specific act, and the statutory provisions governing bail. Applying Section 438(2) of the Code of Criminal Procedure, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, and directed verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the petitioner, alleged only as an order‑giver, poses a risk of tampering with evidence or influencing witnesses.
- Whether the petitioner’s claim of a clean antecedent warrants bail under Section 438(2) CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure
- Section 438
- order giver
- assault
- criminal antecedent
- Bihar Narcotic Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88341 of 2025
Arising Out of PS. Case No.-239 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
Dara Hussain S/o Late Hasim Mian Resident of Village - Kalwari Majhariya,
Police Station - Adapur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Shakil Ahmad Khan, learned counsel for
the petitioner and Mr. Ganesh Prasad Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Adapur P.S. Case No. 239 of 2025, F.I.R. dated
27.06.2025 for the offences punishable under Sections 126(2),
115(2), 118(1), 117(2), 109, 303(2), 352, 351(2), 351 and 3(5)
of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner armed with deadly weapons
abused the informant. On protest made by the informant, this
petitioner ordered to assault the informant and his family
members due to which they received injuries.
4. Learned counsel for the petitioner submits that
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petitioner has clean antecedent and he has falsely been
implicated in the present case. Although the petitioner is named
in the F.I.R but it appears from the F.I.R that there is no specific
allegation of assault or overt act attributed against the petitioner
rather the only allegation against the petitioner is that he is the
order giver. He further submits that there is case and counter
case between the parties.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the occurrence took place on the order given by the
petitioner and he is the main culprit in the present occurrence.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, 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 the learned
J.M. 1st Class, Raxaul at Motihari in connection with Adapur
P.S. Case No. 239 of 2025, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure
and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his 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)
Vanisha/-
U T
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