Md. Idrish @ Badshah Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24438 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Md. Idrish @ Badshah Khan S/o- Late Md. Hussain R/v- Rampur Raut, PsKusheshwar Sthan Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Smiti Bharti, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2026 Heard Mrs. Smriti Bharti, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 20.01.2026 in connection with Kusheshwar Asthan P.S. Case No. 12 of 2026, F.I.R. dated 21.01.2026 for the offences punishable under Sections 126(2), 115(2), 109(1), 117(2), 74, 303(2), 3(5) of the B.N.S.
3. The allegation against the petitioner is that he has assaulted the informant by means of iron rod on his head due to which he received head injury.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.24438 of 2026(2) dt.15-04-2026 2/3 implicated in the present case. It appears from the FIR that due to some petty dispute, the present occurrence had taken place. Although, the specific allegation attributed against the petitioner is that he has assaulted the informant by means of iron rod and the informant has sustained the injury but the injury report of the informant suggests that the injury is simple in nature caused by hard and blunt substance and the petitioner is in custody since 20.01.2026.
5. Learned APP for the State on the other hand vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, 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 S.D.J.M., Biraul, Darbhanga, in connection with Kusheshwar Asthan P.S. Case No. 12 of 2026, with 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 her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.24438 of 2026(2) dt.15-04-2026 3/3 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) Ranjeet/- U T