Patna High Court
Noor Hasan @ Mannu @ Monu Ansari @ Manu @ MonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Noor Hasan, was arrested on 7 October 2025 in connection with a case of assault with an iron rod, alleged under several sections of the B.N.S. The petitioner claimed a clean antecedent and alleged that the FIR was false, delayed, and that the police did not find the case true under Section 103(1). The State opposed bail, but the court noted the lack of a finding of guilt, the clean record, and the inconsistencies in the FIR. Consequently, the court ordered bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedents without delay.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the B.N.S.
- Whether the delay in filing the FIR and the police’s finding that the case is not true under Section 103(1) justify granting bail
- Whether the petitioner’s clean antecedent warrants bail
Legislation cited
- B.N.S. — s. 103(1), 105, 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- clean antecedent
- FIR delay
- chargesheet
- B.N.S.
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91531 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- SIKARHATTA District- Bhojpur
======================================================
Noor Hasan @ Mannu @ Monu Ansari @ Manu @ Monu S/O Md. Alamgir
@ Md. Alamgir Ansari @ Md. Almagir R/O Village- Sikaharatta Kala, P.S-
Sikaharatta, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Bhaskar Shankar, learned counsel for the
petitioner and Mrs. Sharda Kumari, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
07.10.2025, in connection with Sikarhatta P.S. Case No. 69 of
2025, F.I.R. dated 14.04.2025 registered for the offences
punishable under Sections 126(2), 115(2), 109, 352, 351(2),
103(1), 3(5) of B.NS.
3. Allegation against the petitioner is that has assaulted
to the deceased by means of iron rod on the upper portion of his
neck.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
Patna High Court CR. MISC. No.91531 of 2025(2) dt.13-01-2026
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not committed any offence as alleged in the F.I.R. As per
allegation in the F.I.R., the petitioner has assaulted to the deceased
by means of iron rod on the upper portion of this neck. Learned
counsel for the petitioner further submits that from perusal of the
F.I.R. it appears that the date of occurrence as alleged in the F.I.R.
is 07.04.2025 but the present F.I.R. was instituted on 14.04.2025
after delay of one week without giving any explanation of delay
and apart from that the deceased has died on 02.05.2025 and the
police after investigation submitted chargesheet under Sections
105, 126(2), 115(2), 109, 352, 351(2)(3)(5) of B.N.S. on
30.11.2025 which suggests that the police after investigation has
not found case true under Section 103(1) of B.N.S. against the
petitioner. The petitioner is in custody since 07.10.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
police has not found case true under Section 103(1) of B.N.S. and
the police filed chargesheet under Sections 105, 126(2), 115(2),
109, 352, 351(2)(3)(5) of B.N.S., let the petitioner, above named,
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 learned 7 th Additioinal Chief Judicial Magistrarte,
Patna High Court CR. MISC. No.91531 of 2025(2) dt.13-01-2026
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Bhojpur, Ara in connection with Sikarhatta P.S. Case No. 69 of
2025, subject to the following conditions :-
(1) 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 absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
U T
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