Patna High Court
CR. MISC./57880/2026 of Chhotu @ Md. Mustafa Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57880 of 2026 Arising Out of PS. Case No.-349 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== Chhotu @ Md. Mustafa S/o Md. Chand Hussain @ Md. Chand R/o- Mohiuddinpur, Ward No. 01,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57880 of 2026
Arising Out of PS. Case No.-349 Year-2024 Thana- KISHANGANJ District- Kishanganj ======================================================
Chhotu @ Md. Mustafa S/o Md. Chand Hussain @ Md. Chand R/o- Mohiuddinpur, Ward No. 01, P.S.- Kioshanganj, District- Kishanganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. S.M. Ashraf, Sr. Advocate
Mr.Mohammad Akhter Hussain, Advocate
For the Opposite Party/s :
Mr.Zainul Abedin, APP
For the Informant
:
Mr. Shashank Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
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ORAL ORDER
19-08-2026 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Kishanganj P.S. Case No. 349 of 2024, registered for the offences under Sections 126(2), 115(2), 118(1), 118(2), 109(1) and 3(5) of the BNS.
3. As per the prosecution case, petitioner and other FIR named coaccused persons along with 15-20 unknown persons came to the house of the informant and asked him to help in selling the duplicate diesel and petrol which they had been bringing from Bengal. When the informant refused, he and his family members were beaten and taking out petrol from the dicky of a bike, the miscreants sprinkled petrol on the informant and his family members causing serious burn injuries to both persons.
4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The allegations are general and omnibus against a large number of persons and no specific overt act has been attributed to the petitioner either for assaulting or for sprinkling petrol or for setting any person on fire. Learned senior counsel further submits that the injury report shows completely simple injuries of the victim though the injuries are stated to be burn injuries but it has no where been mentioned that it was caused by petrol. Learned senior counsel further submits that the parties have entered into a compromise and the informant side does not want to proceed with the petitioner. The petitioner is in custody since 26.05.2026 and charge sheet has been submitted. The petitioner is having antecedent of one case in which he is on bail.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.
6. Learned counsel appearing on behalf of the informant supports the contention of the learned senior counsel for the petitioner regarding the compromise taking place between both the parties.
7. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-serious nature of injury upon the victim and also considering the non-specific nature of allegation against the petitioner, submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj/concerned court, in connection with Kishanganj P.S. Case No. 349 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other 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, if so required by the learned trial court.
(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.
anuradha/- (Arun Kumar Jha, J) U T