Patna High Court
Md. Rizwan @ Md. Rizwan AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioners subject to a bond and sureties, with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, five residents of Simri Bakhtiyarpur, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault stemming from a land dispute. The FIR alleged that the petitioners, along with others, assaulted the informant, resulting in injuries to several persons, including a bruised wrist of Akhtari Khatoon. The petitioners contended that the charges arose from a reciprocal fight over land, that the injuries were minor, and that they have no prior criminal record. The State opposed the bail, relying on the allegations in the FIR. The Court, noting the existence of a case and counter‑case and the minor nature of the injuries, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order directed that the petitioners be released on bail if arrested within four weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in view of the FIR alleging assault under the BNSS.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate given the facts of a land‑dispute related altercation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- bail conditions
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23293 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
1. Md. Rizwan @ Md. Rizwan Alam S/O Late Md. Rasul Bax @ Late Rasul
Bax R/O Barewa, Tola Sitanabad South, Ward No.- 14, P.S.- Simri
Bakhtiyarpur, District- Saharsa
2. Md Riyaz @ Md Riyaz Miyan S/O Md. Israil R/O Barewa, Tola Sitanabad
South, Ward No.- 14, P.S.- Simri Bakhtiyarpur, District- Saharsa
3. Md. Rabban @ Md. Rabban Alam @ Rabban Alam S/O Md. Israil R/O
Barewa, Tola Sitanabad South, Ward No.- 14, P.S.- Simri Bakhtiyarpur,
District- Saharsa
4. Md. Saddam S/O Md. Nizam R/O Barewa, Tola Sitanabad South, Ward No.-
14, P.S.- Simri Bakhtiyarpur, District- Saharsa
5. Md. Irfan S/O Md Rizwan @ Md Rizwan Alam R/O Barewa, Tola Sitanabad
South, Ward No.- 14, P.S.- Simri Bakhtiyarpur, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 117(2), 118(1), 109, 352 and 351(2) of the
B.N.S.
3. The allegation in the First Information Report is
that the petitioners along with others have assaulted the
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informant and others.
4. Learned counsel for the petitioners submits that the
petitioners have been made an accused on account of a dispute
between the parties with regard to claim on the land and a free
fight took place for which cases had been filed on both the sides
and injuries were also received by both the sides. Annexure-P/2
is the First Information Report filed by the petitioner no.1
against the informant of this case and others. It is further
submitted that the injury reports (Annexure-P/3) indicate that
while three persons have received simple injuries caused by
hard and blunt substance only one person, namely Akhtari
Khatoon is said to have received grievous injury, but the same is
in the nature of bruise on right wrist which is non-vital part of
the body. The petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact there is case and counter
case between the parties, having land dispute, let the above
named petitioners, be released on bail, in the event of their
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arrest or surrender before the learned Court below 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 the learned Court below
where the case is pending/successor Court in connection with
Simri Bakhtiyarpur P.S. Case No. 335 of 2025, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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