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Patna High Court

Dara HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.88341 of 2025(2) dt.09-01-2026
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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
            Patna High Court CR. MISC. No.88341 of 2025(2) dt.09-01-2026
                                                        3/3




                      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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