Md. Irfan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48535 of 2026 Arising Out of PS. Case No.-173 Year-2026 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Irfan, Son of Md. Nisar, Resident Of Village -Mubarak Chak, PSMuffasil, District -Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hafiz Shahbaz Arif, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner who apprehends arrest in connection with Muffasil (Munger) P.S. Case No. 173 of 2026 lodged on 11.04.2026, for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 117(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of Arms Act.
3. As per the prosecution, FIR has been lodged against four named accused persons including the petitioner with allegations that all the accused persons armed with katta (country made pistol), iron rod and lathi attacked the informant. It is specifically alleged against the petitioner that he assaulted the informant with iron rod causing injury over his head due to which the informant became unconscious and fell down on the
Patna High Court CR. MISC. No.48535 of 2026(2) dt.22-07-2026 2/3 road.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel further submits that two months earlier, it is the petitioner who lodged a case against the informant bearing Munger Muffasil P.S. Case No. 52 of 2026 on 01.02.2026 wherein the respondent has been arrayed as accused no. 6, and only with a view to save his skin from the said case, this false and fabricated case has been lodged against the petitioner. Learned counsel next submits that injury report of informant/victim is also attached with the present bail petition which indicates that all the injuries caused to him are found to be simple in nature caused by hard and blunt substance. It has lastly been submitted that the petitioner is having one criminal antecedent but in the said case, he is on bail.
5. Learned APP for the State opposes the prayer for bail, however, he fairly submits that the genesis of the present case lies in an earlier dispute that had taken place among the children of the locality.
6. In the facts and circumstances of the case, let the above-named petitioner be released on bail, in the event of his arrest or surrender before the Trial Court within a period of four
Patna High Court CR. MISC. No.48535 of 2026(2) dt.22-07-2026 3/3 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned C.J.M., Munger, in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Ashwini/- U T