Patna High Court
Md. GyasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Md. Gyas, sought anticipatory bail in connection with a FIR lodged for multiple offences under the IPC, alleging assault during a land‑measurement dispute. The prosecution alleged that Gyas, along with eight others, assaulted the informant with lathi, danda and fists, causing injuries. The petitioner’s counsel argued his innocence, highlighted a conflicting case and counter‑case, and emphasized his clean criminal record. The State opposed the bail application. The Court, after considering the facts and the provisions of the BNSS, 2023, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS, 2023
- Whether the allegations under the listed IPC sections warrant denial of bail
Legislation cited
- Indian Penal Code (IPC) — s. 307, 323, 324, 34, 341, 354B, 379, 504, 506
Subjects
- anticipatory bail
- IPC offences
- land dispute
- section 482
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15849 of 2026
Arising Out of PS. Case No.-192 Year-2023 Thana- LAKHNAUR District- Madhubani
======================================================
Md. Gyas Son of Md. Sabbir Resident of Village - Lakhnaur, P.S.- Lakhnaur,
District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Adv.
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Lakhnaur P.S. Case No.192 of 2023 lodged on 20.09.2023,
for the offences punishable under Sections 341, 323, 324, 354B,
379, 307, 506, 504 and 34 of the IPC.
3. As per the prosecution, FIR has been lodged against
nine named accused persons including the present petitioner
with allegation that they had assaulted the informant by lathi,
danda and fist due to which injury has been caused at the hand
and back side of the body.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that for the same date and place of occurrence,
there are case and counter-case from the informant and the
petitioner’s side. From the content of FIR, it becomes crystal
Patna High Court CR. MISC. No.15849 of 2026(2) dt.25-03-2026
2/2
clear that due to land measurement, scuffling took place
between the family and it is due to this reason, the present case
has been lodged.
5. Counsel submits that the criminal antecedent of the
petitioner is clean and ready to fulfill all the conditions
whatsoever shall be imposed upon him.
6. Learned APP for the State opposes the prayer for
bail of the petitioner.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Addl. Chief Judicial Magistrate-1st, Jhanjharpur,
Madhubani in connection with Lakhnaur P.S. Case No.192 of
2023, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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