Patna High Court
Md. Riyajul @ Sarvar @ SukharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to petitioners 1‑5 but denied to petitioner 6.
Summary
The petitioners, six residents of Banki village, were named in an FIR alleging that they, armed with iron rods, assaulted an informant and his family, causing injuries and theft of cash and valuables. They applied for anticipatory bail, claiming innocence and that they were falsely implicated due to a land dispute. The State opposed the bail, particularly highlighting that petitioner No. 6 caused a grievous injury. The Court examined the seriousness of the allegations and noted that only petitioner No. 6 was linked to a grievous injury, while the others faced less serious accusations. Accordingly, the Court refused anticipatory bail to petitioner No. 6 but granted it to petitioners No. 1 to 5, subject to a bail bond of Rs. 10,000 with two sureties each and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if the five petitioners are arrested within eight weeks, they shall be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the accused persons under the circumstances of the FIR
- Whether the presence of a grievous injury caused by petitioner No. 6 warrants denial of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- grievous injury
- section 482
- Bharatiya Nyaya Sanhita
- criminal law
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12358 of 2026
Arising Out of PS. Case No.-117 Year-2024 Thana- Akbarpur District- Purnia
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1. Md. Riyajul @ Sarvar @ Sukhar S/o Shekh Jahawi @ Shekh Jahani R/o
Village - Banki, P.S - Akabarpur, District - Purnea
2. Md. Imadad S/o Yusuf @ Shekh Yusuf R/o Village - Banki, P.S - Akabarpur,
District - Purnea
3. Md. Khalid Raza @ Md. Khalid S/o Riyazul @ Sarvar @ Sukhar R/o
Village - Banki, P.S - Akabarpur, District - Purnea
4. Md. Ragiv @ Md. Rajesh S/o Md. Riyajul @ Sarvar @ Sukhar R/o Village -
Banki, P.S - Akabarpur, District - Purnea
5. Imtiyaz Ali @ Imitiyaz @ Md. Imtiyaz S/o Yusuf @ Shekh Yusuf R/o
Village - Banki, P.S - Akabarpur, District - Purnea
6. Md. Diwan @ Md. Deewan Alam S/o Md. Riyajul @ Sarwar @ Sukhur R/o
Village - Banki, P.S - Akabarpur, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 115(2), 126(2), 352,
351(2), 303(2), 109, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., all the named accused persons,
including these petitioners, variously armed, entered the house
of informant and assaulted informant and his family members
Patna High Court CR. MISC. No.12358 of 2026(2) dt.24-02-2026
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by means of iron rod, etc. as a result of which informant and
five others sustained injuries. It is further alleged that the
accused persons also committed theft of cash of Rs. 50,000/-,
ornaments worth Rs. 1 lac and other household articles.
4. Learned counsel appearing for the petitioners
submits that petitioners are innocent and have committed no
offence. Petitioners have falsely been implicated in this case due
to land dispute.
5. Learned counsel for the State opposed the bail
application and submits that injury caused by petitioner no. 6 is
grievous.
6. In view of the fact that petitioner No. 6 caused
grievous injury, prayer for anticipatory bail of petitioner No.
6 is refused.
7. However, considering the nature of accusation
against petitioner Nos. 1 to 5 the anticipatory bail with regard
to petitioner Nos. 1 to 5 is allowed and it is ordered that the
above named petitioner Nos. 1 to 5 in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Patna High Court CR. MISC. No.12358 of 2026(2) dt.24-02-2026
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Purnea in connection with Akbarpur P. S. Case No. 117 of 2024,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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