Patna High Court
Muzaffar @ Md. MuzaffarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is not entitled to bail and the bail application is rejected.
Summary
Muzaffar (Petitioner) was arrested in connection with a case where a group of accused allegedly assaulted the husband of an informant, leading to his death. The specific allegation against Muzaffar is that he struck the victim on the head with a katha, a sharp-edged weapon, causing a fatal injury. The petitioner sought regular bail, arguing that the post‑mortem showed only a single blunt‑force injury and that the assault could have been caused by the blunt side of the weapon. The informant’s counsel opposed bail, contending that the post‑mortem corroborated the charge of a katha blow and that the injury was consistent with the weapon’s use. After hearing both sides, the Court held that the seriousness of the offences and the evidentiary material did not justify granting bail and therefore rejected the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with offences under Sections 121, 121(1), 122, 126(2), 115(2), 118(1), 109, 103(2), 352, 351(2) and 3(5) of the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 103(2), 109, 115(2), 118(1), 121, 121(1), 122, 126(2), 3(5), 351(2), 352
Subjects
- bail
- regular bail
- IPC sections 121
- murder
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90036 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- AMAUR District- Purnia
======================================================
Muzaffar @ Md. Muzaffar Son of Mahmood Resident of Simariya, P.S.-
Amaur, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
For the State : Mr.J.N. Thakur, APP
For the Informant : Ms. Hafiz Shanbaz Arif, Adv.
Mr. Siddiqua Abdullah, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 09-01-2026 Heard the learned Senior counsel for the petitioner as
well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Amaur P.S. Case No. 223 of 2025, registered for the offences
punishable under Sections 121, 121(1), 122, 126(2), 115(2),
118(1), 109, 103(2), 352, 351(2), 3(5) of the BNS.
3. According to allegation, 15 named accused
persons came to the house of the informant and started
assaulting her husband. The specific allegation against the
petitioner is that he inflicted a katha (sharp-edged weapon) blow
on his head. Her husband was brought to the hospital, from
where he was referred to Purnea District Hospital and thereafter
again referred to Bhagalpur Hospital, where he died.
Patna High Court CR. MISC. No.90036 of 2025(2) dt.09-01-2026
2/2
4. Mr. N.K. Agrawal, the learned Senior Counsel
for the petitioner has submitted that there is allegation that all
the accused persons assaulted the deceased, but only one injury
was found on the head of the deceased, which was caused by a
hard and blunt substance. The petitioner has been in custody
since 31.05.2025.
5. On the other hand, the learned counsel for the
informant has opposed the prayer for bail and submitted that the
main allegation of inflicting an assault by katha on the head of
the deceased is against the petitioner. The post-mortem report
corroborates the allegation. She has further submitted that if the
blunt side of the katha is used for infliction, the injury may be
caused by hard and blunt substance.
6. In my view, the petitioner does not deserve the
privileges of bail, which is hereby rejected.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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