Patna High Court
Md. Mukhtar @ Md. MuktarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is denied to petitioners 1 and 2 but granted to petitioner 3, Md. Jakir, subject to conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioners, three brothers, were named in an FIR (Puraini PS Case No. 128 of 2025) under several sections of the Bhartiya Nayay Sanhita, 2023 for assaulting members of the informant’s side during a land‑dispute Panchayat. Petitioners Md. Mukhtar (also known as Md. Muktar) and Md. Akhtar sought anticipatory bail, arguing that only a single simple injury was proven and that the number of accused was improperly linked to that injury. The informant’s counsel contended that the injuries inflicted by the two petitioners were grievous, as recorded by the Sessions Judge. The High Court examined the Sessions Judge’s findings and the submissions of both sides, and applied the provisions of Section 438(2) of the Criminal Procedure Code. It rejected the anticipatory bail applications of petitioners 1 and 2, directing them to surrender within four weeks and file bail applications, while granting anticipatory bail to petitioner 3, Md. Jakir, subject to stringent conditions. The order thus differentiates bail eligibility based on the nature of alleged injuries and the individual’s criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the accused under Sections 126(2), 115(2), 76, 308(2), 109, 303(2), 3(5) of the Bhartiya Nayay Sanhita, 2023.
- Whether the injuries alleged against petitioners 1 and 2 qualify as grievous, warranting denial of anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 308(2), 3(5), 76
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- grievous injury
- simple injury
- land dispute
- Criminal Procedure Code
- Bhartiya Nayay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1022 of 2026
Arising Out of PS. Case No.-128 Year-2025 Thana- PURAINI District- Madhepura
======================================================
1. Md. Mukhtar @ Md. Muktar S/o Md. Jakir R/o - Sapardah, Ward No.8, P.S -
Puraini, District - Madhepura
2. Md. Akhtar S/o Md. Jakir R/o - Sapardah, Ward No.8, P.S - Puraini, District
- Madhepura
3. Md. Jakir S/o Late Md. Goswar R/o - Sapardah, Ward No.8, P.S - Puraini,
District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
For the Informant : Mr. Viveka Nand Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Dr. Sanjay Kumar Singh, learned counsel for
the petitioners and Mr. Viveka Nand Singh, learned counsel for
the informant beside the learned APP.
2. The petitioners are apprehending arrest in
connection with Puraini P.S. Case No. 128 of 2025 instituted
under Sections 126(2), 115(2), 76, 308(2), 109, 303(2), 3(5) of
the Bhartiya Nayay Sanhita, 2023 of the Indian Penal Code
lodged on 11.07.2025 by the informant, Khushbu Praveen.
3. As per the prosecution story, the informant alleged
that during Panchayati over the land dispute, fight broke out and
allegation against the accused persons is of assaulting the most
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of members of the informant side. This led to the FIR.
4. Learned counsel for the petitioners submit that
single injury has been found on the person of the injured but
number of the accused has been attributed to the said injury.
Further, some of the injuries have been found to be simple in
nature.
5. Learned counsel for the informant has taken this
Court to the learned Sessions Judge’s order to show that so far
as Md. Amjad, Md. Sueb and Md. Tayab are concerned, the
injuries inflicted upon them amongst other by two of the
petitioners namely Md. Muktar and Md. Akhtar (petitioner nos.1
and 2) have been found to be grievous in nature. He submits that
Md. Ajhar has received simple injury.
6. Considering the submissions of the parties as also
the perusal of the learned Sessions Judge order which has
recorded the injuries to the informant side, the anticipatory bail
application of petitioner nos.1 and 2 namely Md. Mukhtar @
Md. Muktar and Md. Akhtar S/o Md. Jakir respectively stand
rejected. However, if the petitioners surrender within a period of
four weeks, files bail application, the concerned Court shall take
up the matter and dispose it of preferably on the same day.
7. So far as the petitioner no.3, Md. Jakir is
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concerned, though he has also been made accused, no specific
allegation of assault causing grievous injury on the informant
side is there, the petitioner no.3 has no criminal antecedent, in
that background, this Court is inclined to extend him the
privilege of anticipatory bail.
8. Let the petitioner no.3, Md. Jakir be released on
bail, in the event of his arrest or surrender before the concerned
court within a period of four weeks from the receipt of this
order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each in connection with
Puraini P.S. Case No. 128 of 2025 to the satisfaction of learned
A.C.J.M.-1, Udakishunganj, Madhepura subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner no.3, Md. Jakir who shall
provide official document (Aadhar Card/Driving License/Voter
ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner no.3, Md. Jakir shall appear on each
and every date before the Trial Court and failure to do so for
two consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
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(iii) the petitioner no.3, Md. Jakir shall appear before
the concerned police station every fortnight for next six months
to mark his attendance and at the end of the period a certificate
be submitted before the Trial Court failing which the State shall
be at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner no.3, Md. Jakir shall in no way try
to induce or promise or threat the witnesses or tamper with the
evidences, failing which the State shall be at liberty to take steps
for cancellation of the bail bonds;
(v) the petitioner no.3, Md. Jakir shall desist from
committing any criminal offence again, failing which the State
shall be at liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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