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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 2/3 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 3/3 relative. ( ) The petitioner shall remain physically present in ⅱ 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.
kundan/- (Alok Kumar Sinha, J) U T