Patna High Court
Tarik @ Md. TarikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Tarik and Ahamad, were accused of assaulting an informant's parents with a sharp-edged weapon and iron rod during a land dispute, leading to charges under multiple sections of the Bhartiya Nyaya Sanhita. They filed a bail petition fearing arrest, asserting that the injuries were simple and they have a clean antecedent. The State opposed the bail. The court considered the nature of the injuries, the petitioners' clean record, and the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita. It ordered that the petitioners be released on bail upon surrender within eight weeks, subject to a bail bond of Rs.10,000 with two sureties each. The order was made to the satisfaction of the Sub-Divisional Judicial Magistrate, Araria.
Issues considered
- Whether bail should be granted to the accused under the charges of assault and related offences under the Bhartiya Nyaya Sanhita.
- Whether the nature of injury, clean antecedent, and provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita justify bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 117(2), 118(1), 126(2), 127(2), 74
Subjects
- bail
- assault
- land dispute
- clean antecedent
- Bhartiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2441 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- MAHALGAON District- Araria
======================================================
1. Tarik @ Md. Tarik S/O Sakir Resident of Village- Uda ward no. 05, Police
Station- Mahalgaon, District- Araria.
2. Ahamad S/O Najim R/O Village- Dehti Ward No. 10, P.S- Palasi, Dist.-
Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 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 offence under Sections 126(2), 127(2), 115(2),
118(1), 117(2), 74 of the Bhartiya Nyaya Sanhita.
3. As per the prosecution case, on 06.09.2025 at about
8 AM, all the FIR named accused persons were forcibly
ploughing informant’s land and on protest by informant’s father,
these two petitioners along with co-accused Sakir assaulted him
with a sharp-edge weapon and iron rod, causing severe injuries
to informant’s father and when informant’s mother came there,
she was also assaulted by accused with iron rod causing injury
Patna High Court CR. MISC. No.2441 of 2026(2) dt.31-01-2026
2/2
on her leg.
4. Learned counsel for the petitioners submits that on
account of land dispute, Maarpeet took place. Injuries, allegedly
caused by these two petitioners, are simple in nature.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State opposes the bail
petition.
6. Considering the nature of injury and clean
antecedent, let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Araria in connection with
Mahalgaon P.S. Case No. 154 of 2025, subject to condition as
laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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