Patna High Court
Md. Obid @ Md. ObaidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Obid, was arrested in connection with a land dispute case (Waini PS Case No. 26 of 2025) alleging assault with deadly weapons and other offences under various sections of the BNS. The prosecution's case is based on the informant's statement that the petitioner and others attacked him and his family on 30 March 2025. The petitioner pleaded innocence, claiming false implication and asserting that he is a man of means unlikely to abscond or tamper with evidence, and offered to comply with any bail conditions. The State opposed regular bail, but the court noted that the petitioner had been in custody for over a year and that charges had already been framed. Considering these changed circumstances, the court granted bail subject to a bond of Rs.10,000 with two sureties and several conditions regarding court attendance and conduct. The bail order was pronounced on 3 April 2026.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the length of pre‑trial detention
- Whether the petitioner poses a risk of absconding or tampering with evidence
Legislation cited
- BNS — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- pre‑trial detention
- land dispute
- assault
- criminal procedure
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90680 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- VAINI District- Samastipur
======================================================
Md. Obid @ Md. Obaid Son of Md. Basir Resident of Village- Chandauli,
P.S.- Waini, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 03-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Waini
P.S. Case No. 26 of 2025 (S. Tr. No. 753 of 2025), registered for
the offence punishable under Sections 115(2), 118(1), 126(2),
109(1), 351(2), 352, 303(2), 3(5) of BNS.
3. The case of the prosecution, in brief, is that the
informant stated in his fardbeyan that on 30.03.2025 at about
09:00 PM when he was at his home, the petitioner and others
came with deadly armed weapons and started construction over
the disputed land and on protest, they started abusing him and
assaulted by iron rod over his head. When other family members
came to rescue then they were also assaulted.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.90680 of 2025(3) dt.03-04-2026
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petitioner is innocent and has been falsely implicated in this case.
There is land dispute between the parties. There is case and
counter case. The petitioner is a man of means and there is no
chance of his absconding and tampering with the evidence. He
further submits that the petitioner is ready to abide by the
conditions which may be imposed by this Court.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the fact that the petitioner has now
remained in custody from 31.03.2025, which is more than one
year and further considering the fact that charges have already
been framed against all the accused persons on 07.01.2026, as per
the report submitted by the District and Additional Sessions
Judge, Samastipur, under these changed circumstances, I am
inclined to grant bail to the petitioner.
7. Accordingly, let the petitioner above named, is
directed to be released on bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Waini P.S.
Case No. 26 of 2025 (S. Tr. No. 753 of 2025), subject to the
following conditions:-
(i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.90680 of 2025(3) dt.03-04-2026
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relative.
(ⅱ) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates
without substantial reason or in violation of the terms of the bail,
the bail bond of the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty to move for
cancellation of his bail bond.
(v) The learned 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 bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
8. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
kundan/-
U T
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