Patna High Court
Md Nazir @ NazirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Petitioners Md Nazir and Shekh Reyazul Haque sought anticipatory bail after being implicated in a land‑dispute incident on 3 August 2025, during which they allegedly broke a wall, entered an informant’s house, and seized Rs 40,000 and jewellery. The prosecution charged them under several sections of the Bharatiya Nyaya Sanhita, including offences of rioting, robbery, and assault. The petitioners contended that both parties were co‑villagers and that the allegations were merely ornamental, asserting a case‑and‑counter‑case scenario. The State opposed the bail application, emphasizing the seriousness of the offences. The Court, after considering the nature of the accusations, the existence of a counter‑case, and the surrounding circumstances, granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 each with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged under the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 190, 191(2), 191(3), 305, 324(5), 331(5), 334(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- robbery
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3165 of 2026
Arising Out of PS. Case No.-125 Year-2025 Thana- Pachpakdi District- East Champaran
======================================================
1. Md Nazir @ Nazir S/O Aliyash @ Md Aliyash R/O Village- Gadahiya, P.S-
Pachpakari, Distt.- East Champarn.
2. Shekh Reyazul Haque @ Reyaj S/O Late Abdul Manan R/O Village-
Gadahiya, P.S- Pachpakari, Distt.- East Champarn.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rananjay Kumar, Mr. Shahid Jawed
Mr. Aamir Suhail, Advocates
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 190, 191(2), 191(3),
305, 331(5), 334(2), 352, 351(2), 324(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, on 3.08.2025 at about
12:30 AM, on account of land dispute, all the F.I.R. named
accused persons, including these petitioners, armed with various
weapons, started breaking wall of the house of informant. Upon
protest, the accused persons entered the house of informant and
snatched Rs. 40,000/- cash and some jewellery.
Patna High Court CR. MISC. No.3165 of 2026(2) dt.02-02-2026
2/2
4. Learned counsel for the petitioners submits that
both parties are co-villagers and on account of on-going land
dispute between the parties, altercation took place in which both
sides inflicted injuries on each other. Case and counter case.
Rest of the allegations are ornamental only to make the case
grave.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, case and
counter case and other facts and circumstances of the case, this
anticipatory bail is allowed and it is ordered that let the above
named petitioners 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 Sub-Divisional Judicial Magistrate, Sikrahana,
Dhaka, East Champaran, Motihari in connection with
Pachpakari P. S. Case No. 125 of 2025, subject to condition as
laid down under Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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