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2025 DAILYLAW 92474 (PAT)

Md. Irfan v. The State of Bihar

CR. MISC./83095/2025 · 2025-12-08

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83095 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- BAJPATTI District- Sitamarhi ====================================================== Md. Irfan Son of Md. Shahood @ Md. Saud @ Saud Resident Of Madhuban Gote, Ps- Bajpatti, District- Sitamarhi. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 08-12-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Bajpatti P.S. Case No. 165 of 2025 registered for the alleged offences under Sections 191(2), 191(3), 190, 115(2), 118(1), 109 of Bharatiya Nyaya Sanhita, 2023. 03. As per prosecution case, petitioner and other co- accused persons, variously armed, abused the son of the informant and when he opposed, the co-accused persons repeatedly stabbed him. The petitioner and other co-accused persons thereafter assaulted him with lathi. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Only allegation against the petitioner is of abusing the son Patna High Court CR. MISC. No.83095 of 2025(2) dt.08-12-2025 2/3 of the informant and assaulting him with lathi along with other co-accused persons, which is omnibus. Though the injury is stated to be grievous, the allegation for causing the same is against a number of persons. The petitioner is having clean antecedent. The petitioner is in custody since 08.07.2025 and charge-sheet has been submitted. 05. Learned APP for the State opposes the prayer for bail. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Pupri at Sitamarhi/court concerned in connection with Bajpatti P.S. Case No. 165 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. Patna High Court CR. MISC. No.83095 of 2025(2) dt.08-12-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates 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. Ashish/- (Arun Kumar Jha, J) U T