Patna High Court
Md. Reyaz Anwar @ Md Reyaz @ Md Riyaz AnwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 3(5), 352
- Bihar Negotiable Statutes (BNSS) — s. 482(2)
- Mediation Act, 2023
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
2/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.