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Patna High Court

Md. Reyaz Anwar @ Md Reyaz @ Md Riyaz AnwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to pre‑arrest bail subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Md. Reyaz Anwar and Md. Daud, were charged under Sections 126(2), 115(2), 109, 352 and 3(5) of the Bihar Negotiable Statutes (BNS) for allegedly assaulting an informant with an iron rod in a land‑related dispute. The petitioners contended that the informant had a history of filing frivolous cases against them and that the injury to the informant was simple, with no overt act alleged against the second petitioner. The State opposed the pre‑arrest bail. The Court, after considering the long‑standing enmity, the nature of the injury and the lack of evidence against the second petitioner, held that the petitioners had made out a prima facie case for pre‑arrest bail. Accordingly, the Court directed that they be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of criminal antecedents. The Court also directed the matter be referred for mediation under the Mediation Act, 2023.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the alleged offences.
  • Whether the injury sustained by the informant and the lack of overt act against the second petitioner justify bail.
  • Whether the long‑standing land dispute and alleged frivolous complaints affect the bail decision.

Legislation cited

Subjects

  • pre‑arrest bail
  • assault
  • land dispute
  • Section 482
  • Bihar criminal law
  • mediation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20390 of 2026
                    Arising Out of PS. Case No.-327 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
           1.     Md. Reyaz Anwar @ Md Reyaz @ Md Riyaz Anwar S/O Md. Daud R/O
                  Village- Office Toli, Hatwariya, P.s- Harlakhi, District- Madhubani
           2.    Md. Daud S/O Late Md. Salim R/O Village- Office Toli, Hatwariya, P.s-
                 Harlakhi, District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Ajay Kumar Thakur, Advocate
                                                 Mr.Purushottam Kumar, Advocate
                 For the Opposite Party/s :      Ms.Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                          Heard Mr. Ajay Kumar Thakur along with Mr.

                   Purushottam Kumar, learned counsels appearing on behalf of

                   the petitioners and Ms.Nirmala Kumari, learned APP for the

                   State.

                                  2. The petitioners seek pre-arrest bail in connection

                   with Harlakhi P.S. Case No. 327 of 2025 registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 109, 352

                   and 3(5) of the BNS.

                                  3. As per the allegation made in the FIR, the

                   petitioners assaulted with iron rod on the forehead of the

                   informant, causing injury, with an intention to kill him.

                                  4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20390 of 2026(2) dt.08-04-2026
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          petitioners submitted that petitioners and informant are own

          Gotia and they have enmity since past. The conduct of the

          informant is such that on the basis of frivolous allegation,

          several cases have been lodged against the petitioner no.1 and 2,

          as would appear from the information contained in paragraph

          no.3 of the present bail application. In some of the cases, the

          petitioners have been acquitted on the basis of compromise. He

          further submitted that cause of dispute and fight between the

          parties is land dispute and instead of resorting to avail civil

          remedy before competent court having jurisdiction just to put

          pressure on the petitioners, the informant has lodged the

          criminal case. Referring to the injury, which has been sustained

          by the informant and attributable to petitioner no.1, learned

          counsel submitted that as per the opinion of the doctor, it has

          been found to be simple in nature. So far as petitioner no.2 is

          concerned, no overt act has been alleged against him. On these

          grounds, learned counsel seeks that the petitioners be released

          on pre-arrest bail.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation
Patna High Court CR. MISC. No.20390 of 2026(2) dt.08-04-2026
                                            3/4




          made in the FIR and after considering the background of the

          information contained in the bail application, it is evident that

          there is longstanding dispute between the petitioners and the

          informant, relating to their share of land. Petitioners and

          informant are own Gotia.                The injury, attributable to the

          petitioner no.1, as per the opinion of the doctor, is simple in

          nature. So far as petitioner no.2 is concerned, no overt act has

          been alleged against him. I am of the opinion that petitioners

          have, prima facie, made out a case to be released on pre-arrest

          bail.

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten         Thousand) each with two sureties of the like

          amount each to the satisfaction of learned J.M. 1st Class,

          Benipatti, Madhubani / Concerned Court in connection with

          Harlakhi P.S. Case No. 327 of 2025, subject to the conditions as

          laid down under Section 482(2) of the BNSS.

                       8. The learned District Court is directed to verify the

          criminal antecedent of the petitioners and if it is found that the

          petitioners are involved in some other cases, as what has been
           Patna High Court CR. MISC. No.20390 of 2026(2) dt.08-04-2026
                                                       4/4




                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.

                                  9. The learned District Court is directed to take

                     necessary steps to refer the matter for mediation under the

                     provision of Mediation Act, 2023 before the learned

                     Mediator of the District Mediation Center by fixing a date

                     for appearance of the parties to give effect to “Mediation for

                     the Nation 2.0”.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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