PATNA HIGH COURT
Md. Arshad
Cr.Misc.-14911/2026
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14911 of 2026 Arising Out of PS. Case No.-343 Year-2025 Thana- BHAGWANPUR District- Begusarai ======================================================
Md. Arshad S/o- Late Md. Mustafa Village- Takiya Ward No- 10 PS-
Bhagwanpur District- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the State : Mr. Anil Kumar, APP For the Informant : Mr. Madhav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 09-03-2026 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner, Mr. Anil Kumar, learned Additional Public Prosecutor for the State as well as Mr. Madhav Kumar, learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
08.01.2026 in connection with Bhagwanpur P.S. Case No. 343 of 2025, F.I.R. dated 02.12.2025 for the offences punishable under Sections 126(2), 115(2), 118(2), 109(1), 351(2), 351(3), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that when the informant was present at the wedding dinner of daughter of Raja Ram suddenly the petitioner along with other co-accused persons arrived and assaulted him by means of scissors and knives due to which informant sustained injury and later taken to P.H.C, Bhagwanpur for medical treatment.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. It appears from the FIR itself that due to spur of moment, the present occurrence has taken place and there was no intention to kill anyone. He next submits that the petitioner is in custody since 08.01.2026.
5. The learned Additional Public Prosecutor and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner on the ground that there is direct and specific allegation against the petitioner that he assaulted to the informant by means of knife and scissors and the informant received injury and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 343 of 2025, subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 antecedent, 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)
Suruchi/- U T
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