Patna High Court

Md. Ali Hussain @ Ali HussainversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

Bail was granted to the petitioner upon furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Md. Ali Hussain, was arrested in connection with a case of assault alleged to have occurred on 14 August 2025, where he and others allegedly entered an informant's house armed and assaulted the informant and his family, causing a fractured hand to the informant's wife. The petitioner claims he is innocent, asserting that the informant is a relative (father of his brother‑in‑law) and that the injury report does not support the charge, and he has no prior criminal record, having been in custody since 10 December 2025. The prosecution opposed bail, citing charges under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The court examined the facts, the lack of corroborative medical evidence, the petitioner’s clean record, and the familial dispute motive, and decided to grant bail on condition of a Rs.10,000 bond with two sureties. The order was pronounced by Justice Khatim Reza, directing the SDJM of Manjhaul to accept the bail.

Issues considered

Whether bail should be granted to the petitioner despite serious charges under the Bhartiya Nyaya Sanhita, 2023.
Whether the lack of corroborative injury report and the petitioner’s clean record justify bail.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

bail
assault
Bhartiya Nyaya Sanhita
criminal procedure
false implication
injury report
bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9575 of 2026
                  Arising Out of PS. Case No.-77 Year-2025 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
                 Md. Ali Hussain @ Ali Hussain, S/o Md. Ali, Resident of village- Sirsi, P.S.-
                 Khodawandpur, Distt- Begusarai
                                                                          ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Ataul Haque, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Khodawandpur P.S. Case No. 77 of 2025 dated 14.08.2025

                   instituted for the offence punishable under Sections 126(2),

                   115(2), 117(2), 109(1), 303(2), 352,                351(2), 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023

                                3. As per the prosecution case, on the alleged date of

                   occurrence, the petitioner along with other accused persons,

                   armed with lathi-danda and weapon, entered in the house of the

                   informant and assaulted the informant and his family members.

                   Allegation against the petitioner is that he assaulted on hand of

                   informant’s wife by means of axe due to which her hand got

                   fractured.
          Patna High Court CR. MISC. No.9575 of 2026(2) dt.17-02-2026
                                                      2/2




                                 4. Learned counsel for the petitioner submits that the

                    petitioner is innocent and he has been falsely implicated in this

                    case. Learned counsel for the petitioner further submits that the

                    informant is the father of the brother-in-law of the petitioner.

                    There is case and counter case between the parties. Due to

                    previous dispute, the said occurrence took place. It is further

                    submitted that the injury report does not corroborate the

                    allegation levelled against the petitioner. Lastly, it has been

                    submitted that the petitioner is in custody since 10.12.2025

                    having no criminal antecedents. Charge-sheet has been

                    submitted in the case.

                                 5. Learned A.P.P. has opposed the prayer for bail of

                    the petitioner.

                                 6. Having considered the facts and circumstances of

                    the case and submissions of learned counsel for the parties, let

                    the petitioner be released on bail upon furnishing bail bonds of

                    Rs. 10,000/- (ten thousand) with two sureties of the like amount

                    each to the satisfaction of the learned S.D.J.M., Manjhaul,

                    Begusarai in connection with Khodawandpur P.S. Case No. 77

                    of 2025.


                                                                        (Khatim Reza, J)
premchand/-
U      T

Continue reading with your account

Checking your session…