Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73701 of 2025 Arising Out of PS. Case No.-278 Year-2023 Thana- JOGBANI District- Araria ====================================================== Md. Jubrail @ Jubrail S/O Late Khalil R/O Vill.- Fena Belahi, Ward no. 11, P.S.- Jogbani (Bathnaha), Dist.- Araria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md Naushaduzzoha, Advocate For the Opposite Party/s : Mrs.Pushpa Sinha-1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Jogbani Bathnaha P.S. Case No. 278 of 2023 registered for the alleged offences under Sections 341, 147, 149, 342, 323, 324, 354B, 307, 379, 504, 506 of the Indian Penal Code.
03. As per prosecution case, the petitioner and other 12 co-accused persons armed with lathi, Bhala, iron rod etc. surrounded the daughter-in-law of the informant and brutally assaulted her. The petitioner and two other co-accused persons assaulted the daughter-in-law with iron rod on her head fracturing it and she became unconscious. When the wife of the
Patna High Court CR. MISC. No.73701 of 2025(3) dt.21-01-2026 2/3 informant came to rescue, she was also assaulted.
04. Learned counsel for the petitioner submits that the allegation is false and concocted. The informant made altogether 13 persons as accused in this case. However, injury report of the daughter-in-law shows only injury which is discolouration around the left eye which falsifies the allegation against the petitioner and other co-accused that they assaulted the daughter- in-law with iron rod. It is not believable that so many persons assaulted the daughter-in-law and she received only one injury. The petitioner has antecedent of two cases and in both the cases he has been granted anticipatory bail. The petitioner is in custody since 28.08.2025 and charge sheet has been submitted.
05. Learned APP opposes the submission made on behalf of the petitioner.
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 non- corroborative injury and also considering the period of custody of the petitioner and 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 Chief Judicial
Patna High Court CR. MISC. No.73701 of 2025(3) dt.21-01-2026 3/3 Magistrate, Araria/concerned Court in connection with Jogbani Bathnaha P.S. Case No. 278 of 2023, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner. (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.
DKS/- (Arun Kumar Jha, J) U T