Patna High Court
Md Kuddus @ KuddusversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, granting bail to petitioners 3 and 4 subject to conditions.
Summary
Petitioners 3 and 4 sought anticipatory bail fearing arrest in a case of assault causing simple injury, registered under several sections of the B.N.S. Act. The prosecution alleged they assaulted the victim, while the petitioners claimed innocence, false implication, and a clean antecedent. The State opposed the bail. The court examined the nature of the alleged offence, the simplicity of the injury, and the petitioners' background, and found no sufficient ground to deny bail. Accordingly, the court granted anticipatory bail, directing the petitioners to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the B.N.S. Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences under the B.N.S. Act
- Whether the simple nature of the injury and the petitioners' clean antecedent justify the grant of bail
- Whether the State's opposition is sufficient to refuse anticipatory bail
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- assault
- simple injury
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88443 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- DAGARUA District- Purnia
======================================================
1. Md Kuddus @ Kuddus Son of Late Md. Ayub Resident of Harkhaili, ward
no 01, PS -Dagarua, District -Purnea
2. Dilshad @ Md. Dilsar son of Md. Kuddus @ Kuddus Resident of Harkhaili,
ward no 01, PS -Dagarua, District -Purnea
3. Md. Guddu Son of Md. Kuddus @ Kuddus Resident of Harkhaili, ward no
01, PS -Dagarua, District -Purnea
4. Jahana Beguam @ Jahana Beguam Wife of Md. Kuddus @ Kuddus Resident
of Harkhaili, ward no 01, PS -Dagarua, District -Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard the parties.
2. Learned counsel for the petitioners submits that the
bail applications of petitioner nos. 1 and 2 have already been
withdrawn.
3. So far as, petitioner nos. 3 and 4 are concerned,
they apprehend their arrest in connection with Dagarua P.S.
Case No. 223 of 2025 registered for the offence under Sections
126(2), 115(2), 109, 76, 303(2), 352, 351(2) and 3(5) of B.N.S.
4. As per the prosecution case, petitioners are
accused of assaulting the victim causing simple injury.
Patna High Court CR. MISC. No.88443 of 2025(3) dt.27-02-2026
2/2
5. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that the
injury sustained by the victim is simple in nature. Petitioners
have clean antecedent.
6. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
7. Considering the aforesaid facts, this application
is allowed.
8. Let the petitioner nos. 3 and 4, above named, in
the event of their arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned C.J.M., Purnea/ concerned Court below in connection
with Dagarua P.S. Case No. 223 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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