Patna High Court
SajidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Sajid, was arrested on 15 October 2025 in connection with a 2017 case alleging that he, along with unknown persons, assaulted an informant with a sword, causing neck injuries. He sought bail, claiming a clean criminal record and that the FIR was false and the injuries were simple. The State opposed the bail application. The court noted the petitioner’s clean antecedent and the simple nature of the injuries, and consequently granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, appearance in court, and non‑tampering with evidence or witnesses. The bail order also directed verification of the petitioner’s antecedent and provided for cancellation of bail if false information is discovered.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the IPC.
- Whether the petitioner’s clean antecedent and the simple nature of the injuries justify bail.
- Whether the allegations in the FIR are false and fabricated, affecting the bail decision.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 325, 341, 342, 379, 504, 506/34
Subjects
- bail
- criminal procedure
- assault
- Indian Penal Code
- clean antecedent
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90562 of 2025
Arising Out of PS. Case No.-272 Year-2017 Thana- JOKIHAT District- Araria
======================================================
Sajid Son of Masiur Rahman Resident of Village- Kakora, Ward No. 9, P.S.-
Mahalgaon, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Naushaduzzoha, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr.Md Naushaduzzoha, learned counsel for
the petitioner and Mr.Shahabuddin Azeem @ S. Azeem, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
15.10.2025 in connection with Jokihat P.S. Case No.272/2017,
dated 12.08.2017 registered for the offences punishable under
Sections 341,342,323,324,325,307,379,504,506/34 of IPC.
3. Allegation against the petitioner is that he
alongwith 02-03 unknown persons assaulted to the informant by
means of sword causing injury on his neck.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Although
Patna High Court CR. MISC. No.90562 of 2025(2) dt.15-01-2026
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the petitioner is named in the FIR and there is specific allegation
against the petitioner that he assaulted to the informant by
means of sword and he has received six injuries but the injuries
inflicted upon the informant are simple in nature and the police,
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 15.10.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent and the injuries inflicted upon the informant are
simple in nature, let the petitioner, above named, 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
learned C.J.M., Araria in connection with Jokihat P.S. Case
No.272/2017, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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
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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)
Nitesh/-
U T
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