Patna High Court
Md ArbazversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied to petitioner No.1 but granted to petitioners No.2‑7 subject to conditions.
Summary
The petitioners, seven residents of Minapur village, filed an anticipatory bail application fearing arrest in a case registered under multiple offences of the Bharatiya Nyaya Sanhita. The FIR alleges that petitioner No.1 attacked an informant with a sword, caused grievous injury, threatened to kill, assaulted family members and snatched a mobile phone. The petitioners contended they were innocent, had clean antecedents and that the allegations were vague. The State opposed bail, emphasizing the grievous nature of the injury to petitioner No.1. The Court, after hearing, refused anticipatory bail to petitioner No.1 but granted it to petitioners No.2‑7 subject to a bail bond of Rs 10,000 with two sureties and compliance within eight weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 who allegedly caused grievous injury
- Whether anticipatory bail should be granted to petitioners No.2‑7 despite the allegations
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 191(2), 303(2), 351(2), 352, 75
Subjects
- anticipatory bail
- grievous injury
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27301 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- BAISI District- Purnia
======================================================
1. Md Arbaz S/o Mukhtar Resident of Village- Minapur Ward No. 06, P.S.-
Baisi, District- Purnea
2. Parwez @ Parwaz S/o Mukhtar Resident of Village- Minapur Ward No. 06,
P.S.- Baisi, District- Purnea
3. Muktar @ Muktar Alam S/o Late Satabul Resident of Village- Minapur
Ward No. 06, P.S.- Baisi, District- Purnea
4. Hasrati @ Husrati W/o Mukhtar Resident of Village- Minapur Ward No. 06,
P.S.- Baisi, District- Purnea
5. Fekua @ Md Shamsir S/o Late Raja @ Md Razzaque Resident of Village-
Minapur Ward No. 06, P.S.- Baisi, District- Purnea
6. Imtiyaz S/o Khalil Resident of Village- Minapur Ward No. 06, P.S.- Baisi,
District- Purnea
7. Jairun @ Jahrun Khatoon W/o Parwez Resident of Village- Minapur Ward
No. 06, P.S.- Baisi, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nadimul Hasan, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 126(2), 115(2),
118(1), 109, 303(2), 75, 352, 351(2) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., petitioner no. 1 assaulted on the head
Patna High Court CR. MISC. No.27301 of 2026(2) dt.29-04-2026
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of informant with sword. It is further alleged that these
petitioners threatened to kill informant and assaulted her and her
family members and snatched mobile phone.
4. Learned counsel appearing for the petitioners are
innocent and have committed no offence. Allegation of assault
is general and omnibus and rest of the allegations are
ornamental only to make the case grave. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State opposed the bail
application and submits that injury attributed to petitioner no. 1
is found to be grievous.
6. In view of the fact that petitioner no. 1 caused
grievous injury, prayer for anticipatory bail of petitioner no.
1 is refused.
7. However, considering the nature of accusation
against rest of the petitioners, the anticipatory bail with regard
to petitioner nos. 2 to 7 is allowed and it is ordered that the
above named petitioner nos. 2 to 7 in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.27301 of 2026(2) dt.29-04-2026
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Magistrate, Purnea in connection with Baisi P. S. Case No. 8 of
2026, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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