Patna High Court
Md. Abuzar @ Abuzar @ Abuzar KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Md. Abuzar Khan, sought anticipatory bail fearing arrest in a case (Amour P.S. Case No. 294 of 2025) involving offences under several sections of the Bihar Non‑Specific Statutes (BNSS), 2023. The prosecution alleged a land‑irrigation dispute that led to assault with spades and lathis and alleged snatching of valuables. The petitioner contended he was innocent, that no specific allegation of an overt act was made against him, and that the injuries were simple. The State opposed the bail application. The High Court, after considering the facts, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences.
Subjects
- anticipatory bail
- Section 482
- BNSS
- land dispute
- assault
- theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2822 of 2026
Arising Out of PS. Case No.-294 Year-2025 Thana- AMAUR District- Purnia
======================================================
Md. Abuzar @ Abuzar @ Abuzar Khan S/o Abu Talib R/o vill - Bagdar, ward
no. 7, P.S.- Amour, Distt.- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Helal Ahmad
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Amour P.S. Case No. 294 of 2025, registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 109, 74,
303(2) and 3(5) of the B.N.S., 2023
3. As per the prosecution case, a dispute arose over
the irrigation of crops, and all the FIR-named accused persons,
including the petitioner, assaulted the informant and others with
spades and lathis. There is also an allegation of snatching
valuables and misbehaving with the victims.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that there is no specific allegation of any
Patna High Court CR. MISC. No.2822 of 2026(2) dt.24-02-2026
2/2
overt act against the petitioner, and the specific accusations have
been levelled against Md. Shahnawaz, Mahboob, Abu Talib,
Kamrul, Nahid, and Ejaz, who are not before this Court. He
further submits that the occurrence has taken place because of
land dispute and the injuries caused have been found simple in
nature.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Purnea/concerned Court below in
connection with Amour P.S. Case No. 294 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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