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Patna High Court

SajidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               Patna High Court CR. MISC. No.90562 of 2025(2) dt.15-01-2026
                                                           3/3




                         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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