Patna High Court
Md. Belal @ Velal UddinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioners subject to a bond and conditions under Section 482(2) of the BNS Act.
Summary
The petitioners, six residents of Maheshpur, applied for bail fearing arrest in Supaul P.S. Case No.497 of 2025, which alleged offences under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 109, 352 and 303(2) of the Bihar Negotiable (BNS) Act, 2023. The FIR claimed that petitioner No.1 inflicted a knife blow on an informant while a drunken co‑accused, Md. Sohrab, assaulted the informant’s mother, causing a grievous head injury. The petitioners contended that the serious injury was caused by Sohrb, who is not before the court, and that the allegation against petitioner No.1 is simple in nature. The State opposed bail, stressing the grievous injury to the mother of the informant. After hearing both sides, the court granted bail to the petitioners subject to a bond of Rs 10,000 with two sureties and other conditions under Section 482(2) of the BNS Act.
Issues considered
- Whether bail should be granted to the petitioners despite allegations of assault and knife injury
- Whether the involvement of a co‑accused not present before the court affects the grant of bail
- Application of Section 482(2) of the Bihar Negotiable (BNS) Act, 2023 in the bail context
Subjects
- bail
- assault
- grievous injury
- Section 482(2)
- Bihar Negotiable Act
- criminal miscellaneous
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90753 of 2025
Arising Out of PS. Case No.-497 Year-2025 Thana- SUPAUL District- Supaul
======================================================
1. Md. Belal @ Velal Uddin Son of Sheikh Majalum @ Majalum Resident of
village- Maheshpur, Ward No 1,/2, PS- Supaul District -Supaul
2. Md. Hannan son of Late Shekh Murtuja Resident of village- Maheshpur,
Ward No 1,/2, PS- Supaul District -Supaul
3. Najmin Khatun @ Najni Khatun Daughter of Hannan @ Md. Hannan
Resident of village- Maheshpur, Ward No 1,/2, PS- Supaul District -Supaul
4. Khusarati Khatun Wife of Md. Mintullah, D/o Belal Uddin, Resident of
village- Maheshpur, Ward No 1,/2, PS- Supaul District -Supaul
5. Isarati Khatun Wife of Md. Khursid, D/o Belal Uddin, Resident of village-
Maheshpur, Ward No 1,/2, PS- Supaul District -Supaul
6. Imarti @ Imarti Khatun Daughter of Belal Uddin @ Md. Belaluddin
Resident of village- Maheshpur, Ward No 1,/2, PS- Supaul District -Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Adv.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State.
2. The petitioners apprehend their arrest in connection
with Supaul P.S. Case No.497 of 2025 registered for the
offences punishable under Sections 190, 191(2), 191(3), 126(2),
115(2), 118(1), 109, 352 and 303(2) of the BNS, 2023.
Patna High Court CR. MISC. No.90753 of 2025(2) dt.15-01-2026
2/4
3. In the afternoon of the fateful day, while the
informant was sitting at the shop of his co-villager, in the
meanwhile, co-accused Md. Sohrab came in inebriated
condition and started extorting money and when the same was
refused, subsequently, all the accused persons by making
unlawful assembly came there and started abusing and
assaulting the informant and others. It is specifically alleged that
petitioner no.1 inflicted a knife blow over the head of the
informant and whereafter co-accused Md. Sohrab, who was
holding a farsa on his hand assaulted the mother of the
informant, due to which she sustained serious injury over her
head and found to be grievous one. There is omnibus nature of
allegation against other accused persons of causing assault,
besides snatching of the valuables.
4. Learned Advocate for the petitioners taking this
Court through the FIR contended that so far the allegation
against the petitioner no.1 of causing assault to the informant is
concerned, the same is found to be simple in nature. To support
the aforesaid contention, the injury report has been placed on
record. The injury which is sustained to the mother of the
informant and found to be grievous one, is attributed to co-
accused Md. Sohrab, who has already been taken into custody
Patna High Court CR. MISC. No.90753 of 2025(2) dt.15-01-2026
3/4
and not before this Court. The parties are neighbour and on
account of a trifle, they entered into a free fight, besides there is
a counter version of the present case being Supaul P.S. Case
No.506 of 2025, in which the persons of the petitioners’ side
have also sustained injuries. The petitioners are the persons of
fair antecedent and they undertake that they will fully cooperate
in the proceedings of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
because of assault being made by the petitioners, mother of the
informant has sustained grievous injury.
6. Having considered the submissions set forth by the
learned Advocate for the respective parties and taking note of
the accusation levelled against the petitioners, besides the fact
that the specific accusation has been attributed against co-
accused Md. Sohrab, who is not before this Court as well as the
fair antecedent of the petitioners, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Supaul in
Patna High Court CR. MISC. No.90753 of 2025(2) dt.15-01-2026
4/4
connection with Supaul P.S. Case No.497 of 2025, subject to the
condition as laid down under Section 482(2) of the BNSS, with
further condition that one of the bailors shall be the own/close
family members of the petitioners.
(Harish Kumar, J)
rohit/-
U T
Checking your session…