Patna High Court
Md. Murshid @ Rinku MalesonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail subject to a bond of Rs.10,000 and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Md. Murshid, was arrested in connection with a land dispute where he allegedly, along with co‑accused, used weapons to seize land and opened fire, injuring the informant and her family. The prosecution charged him under Sections 115(2), 126(2), 117(2) and 191(1) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed self‑defence, asserted that the injury to the informant was minor, and highlighted a pending title suit and a counter‑case filed by his wife. The State opposed bail, citing the seriousness of the offences. After considering the facts, the court granted bail on a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, directing the petitioner to appear as required.
Issues considered
- Whether the petitioner is entitled to bail despite charges of assault, attempted homicide and other offences under the BNSS.
- Whether the nature and seriousness of the alleged injuries justify denial of bail.
- Whether the pending land dispute and counter‑case affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 191(1), 482(2)
Subjects
- bail
- land dispute
- assault
- attempted homicide
- Bharatiya Nyaya Sanhita
- self-defence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14802 of 2026
Arising Out of PS. Case No.-745 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Md. Murshid @ Rinku Maleson Son of Md. Muslim R/o Mohalla - Islam
Toli, Ward no. 24, P.S. - Aurangabad Town, Dist. - Aurangabad(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Aurangabad Town P.S. Case No. 745
of 2025 registered for the alleged offence under Sections 115(2),
126(2), 117(2), 191(1) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioner and other co-
accused persons armed with lathi, danda, rod and pistol tried to
forcibly capture the land of the informant. The informant reached
there and raised alarm and the husband of the informant and her
other family members came there and resisted the act of the
petitioner and his family members. Thereafter, the petitioner
opened fire and put down the informant and hit her on her head
with butt of pistol, causing its fracture. Other co-accused persons
Patna High Court CR. MISC. No.14802 of 2026(2) dt.01-04-2026
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assaulted the husband and other family members of the informant
causing injuries to them.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this case.
During a marriage ceremony in the family, the petitioner has been
barricading his land which was opposed by the informant side.
There is title suit pending between the parties and the land belongs
to the petitioner who acted in his self defence. Moreover, the
injury received by the informant is merely abrasion on frontal area
and pain with lacerated wound on right hand of size 1½”x 0.25”.
This injury was found to be grievous due to fracture of the shaft of
the right 5th metacarpal bone. But there is no allegation against
the petitioner for causing the grievous injury. Learned counsel
further submits that there is counter version and wife of the
petitioner has lodged Aurangabad Town P.S. Case No. 752 of
2025 against the family members of the informant. Learned
counsel further submits that though the petitioner is having
antecedent of 08 cases, he has been acquitted in five cases and is
on bail in other cases
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the land
Patna High Court CR. MISC. No.14802 of 2026(2) dt.01-04-2026
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dispute between the parties and also considering the case and
counter case of the parties and further considering the simple and
superficial nature of injury said to be occurned by this petitioner,
let the petitioner above named, in the event of his 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) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Aurangabad/court concerned in connection with
Aurangabad Town P.S. Case No. 745 of 2025, subject to the
condition laid down under Section 482(2) of 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.
(Arun Kumar Jha, J)
Ashish/-
U T
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