Patna High Court
Maskoor Alam @Md.Maskoor AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioners are entitled to bail, subject to conditions, under Section 482(2) of the CrPC.
Summary
The petitioners sought relief from imminent arrest in a 2018 case (Raniganj PS No.391) alleging offences under several IPC sections arising from a land dispute. The prosecution alleged that co‑accused Wasil assaulted the informant, causing grievous injuries, while the petitioners denied any involvement and claimed they were falsely implicated. The petitioners highlighted a counter‑case filed against the informant, a pending title suit over the disputed land, and the lack of specific allegations against them. The court noted the absence of direct evidence linking the petitioners to the injuries and the possibility of false accusation. Accordingly, the court ordered that the petitioners be released on bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 482(2) of the CrPC, provided they appear before the trial court as required.
Issues considered
- Whether the petitioners are entitled to bail despite the pending criminal charges under IPC sections 341, 323, 379, 354, 307, 504/34.
- Whether the lack of specific allegation against the petitioners and the possibility of false accusation justify bail.
- Whether Section 482(2) of the Code of Criminal Procedure can be invoked to grant bail in this circumstance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- bail
- false accusation
- land dispute
- assault
- Indian Penal Code
- Criminal Procedure Code
- section 482
- pending civil suit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14631 of 2026
Arising Out of PS. Case No.-391 Year-2018 Thana- RANIGANJ District- Araria
======================================================
1. Maskoor Alam @Md.Maskoor Alam S/O Md. Wasil R/O Village - Kadwa,
Ward No. 11, P.S.- R. S. District Araria
2. Murshid Alam @ Md. Murshid S/O Hefaz @ Hefazuddin. R/O Village -
Kadwa, Ward No. 11, P.S.- R. S. District Araria
3. Chhotu @ Chhotu Kumar @ Saiyyad S/O Khurshid @ Md. Khurshid R/O
Village - Kadwa, Ward No. 11, P.S.- R. S. District Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
02. In the present case, the petitioners are apprehending
their arrest in connection with Raniganj (RS) P.S. Case No. 391 of
2018 registered for the alleged offences under Section 341, 323,
379, 354, 307, 504/34 of the Indian Penal Code.
03. As per prosecution case, in the background of land
dispute, petitioners and other coaccused persons assaulted the
informant causing injuries to him. Coaccused Wasil gave a farsa
blow on the head of the informant and thereafter others assaulted
him with lathi and danda. The assailants also tore the clothes of
the wife of the informant.
Patna High Court CR. MISC. No.14631 of 2026(2) dt.01-04-2026
2/3
04. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. There is no specific allegation of any overt act against the
petitioners. The allegation of assault is specific against coaccused
Wasil. The injury report of the informant shows only a lacerated
wound on forehead just above the nose and swelling of right eye
and body ache. The injury inflicted by Wasil are found to be
grievous and other injuries are simple in nature. Learned counsel
further submits that there is case and counter case and for the
occurrence of same date, the petitioners side has also lodged
Araria (RS) PS Case No. 402 of 2018 against the informant side.
The land in question belongs to the petitioners which stands in the
name of coaccused Wasil. A title suit bearing TS No. 562/2018 is
also pending between the parties in the Court of learned Sub
Judge-1, Araria. The petitioners are not alleged to be the author of
the injury causing fracture of right nasal bone of the informant.
Learned counsel further submits that petitioner nos. 1 and 2 are
having antecedent of one case in which they are on bail and
petitioner no. 3 has no criminal antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
Patna High Court CR. MISC. No.14631 of 2026(2) dt.01-04-2026
3/3
absence of allegation for causing any significant injury upon the
informant and also considering case and counter case and further
considering possibility of false accusation, let the petitioners above
named, in the event of their arrest or surrender before the court
concerned within a period of eight weeks from today, be released
on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each to
the satisfaction of learned Court of ACJM, Araria in connection
with Raniganj (RS) P.S. Case No. 391 of 2018, subject to the
condition laid down under Section 482(2) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a
close relative of the petitioners.
(ii) The petitioners will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…