Patna High Court
Md. Sakur @ Abdul SakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC, subject to the stipulated conditions.
Summary
The petitioner, a 71‑year‑old senior citizen, sought anticipatory bail in a case registered under Sections 147, 148, 149, 323, 324, 379, 504, 506 and 307 of the Indian Penal Code relating to a land‑dispute and alleged assault. He claimed he was falsely implicated and that his prior record was clean. The State opposed the bail, arguing the seriousness of the offences. The court considered the petitioner’s age, health, and lack of prior convictions, and applied the provisions of Section 438(2) of the Criminal Procedure Code. It ordered that, if arrested or surrendered within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the usual conditions. The order was pronounced by Justice Satyavrata Verma.
Issues considered
- Whether a senior citizen accused of offences under Sections 147, 148, 149, 323, 324, 379, 504, 506 and 307 IPC is entitled to anticipatory bail under Section 438 CrPC.
- Whether the nature of the alleged offences precludes the grant of anticipatory bail.
- Whether the petitioner’s clean antecedent and age justify the grant of bail despite the seriousness of the charges.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 379, 504, 506
Subjects
- anticipatory bail
- senior citizen
- Indian Penal Code
- Criminal Procedure Code
- land dispute
- bail conditions
- Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12628 of 2026
Arising Out of PS. Case No.-44 Year-2015 Thana- BHAPTIAHI District- Supaul
======================================================
Md. Sakur @ Abdul Sakur S/o Late Md. Rahim Miyan @ Abdul Rahim
Resident of Village- Chitahi Hanuman Nagar, P.S.- Bhaptiyahi, District-
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Harun Quareshi
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 147, 148,
149, 323, 324, 379, 504, 506, 307 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case but inadvertently at Para-3
it has been pleaded that petitioner is a person with clean
antecedent and petitioner is aged about 71 years the informant
alleges that the accused persons were trying to capture the land
by erecting a house over the same, on objection, petitioner
assaulted by farsha causing injury on head of Md. Yunus on
instigation of Md. Taiyab, thereafter Md. Yusuf and Md.
Patna High Court CR. MISC. No.12628 of 2026(2) dt.23-03-2026
2/3
Khurshid dashed her on the ground and accused assaulted her
and also assaulted her brother-in-law by danda and Md. Safeed
snatched her chain.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant on account of dispute relating to land being karta of
his family. It is next submitted that petitioner is alleged to have
assaulted Md. Yunus by farsha causing injury on head. It is next
submitted that even presuming what has been alleged is true
without admitting then the blow was not repeated and the injury
has been opined to be simple in nature and petitioner is a senior
citizen.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and also taking into consideration the
fact that petitioner is a senior citizen, the petitioner above-
named, in the event of his arrest or surrender within a period of
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
Patna High Court CR. MISC. No.12628 of 2026(2) dt.23-03-2026
3/3
in connection with Bhaptiyahi P.S. Case No.44/2015, subject to
the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.