Patna High Court
Abdul Salam @ Md. SalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.
Summary
The petitioners, a group of relatives from Nauranga village, applied for anticipatory bail fearing arrest in a case (Kochadhaman P.S. Case No. 284 of 2025) involving charges of assault, rioting, and other offences under the Bihar Negotiable (B.N.S.). The prosecution alleged that the petitioners, dissatisfied with a family land partition, assaulted the informant with weapons causing head injuries. The petitioners argued that the FIR was lodged two days after the incident, that the magistrate wrongly took cognizance of an additional section not in the charge sheet, and that the injury report did not corroborate the alleged head injury. The State opposed the bail, emphasizing the seriousness of the offences. The court, after considering the facts and the provisions of Section 482(2) of the B.N.S., granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, with standard conditions.
Issues considered
- Whether anticipatory bail can be granted despite a two‑day delay in filing the FIR.
- Whether the magistrate’s cognizance of Section 109(1) in addition to the charge‑sheeted sections is valid.
- Whether the lack of corroboration of the alleged head injury affects the bail decision.
- Whether the familial relationship between the informant and petitioners influences the grant of bail.
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 109(1), 115(2), 118(1), 126(2), 351(2), 352/3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- delay in FIR
- assault
- family dispute
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32896 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
1. Abdul Salam @ Md. Salam S/O Late Habiburrahman R/O Village-
Nauranga, P.S.- Kochadhaman, Distt.- Kishanganj.
2. Md. Halim @ Halim S/O Late Habiburrahman R/O Village- Nauranga, P.S.-
Kochadhaman, Distt.- Kishanganj.
3. Md. Ismail @ Ismail S/O Md. Hasen R/O Village- Nauranga, P.S.-
Kochadhaman, Distt.- Kishanganj.
4. Anjar Alam @ Angar Alam S/O Md. Hasen R/O Village- Nauranga, P.S.-
Kochadhaman, Distt.- Kishanganj.
5. Mantasa Khatoon @ Mantasa Parween @ Mantasa W/O Abdul Klam @ Md.
Salam R/O Village- Nauranga, P.S.- Kochadhaman, Distt.- Kishanganj.
6. Musleema Khatoon @ Muslema Khatun W/O Md. Hasen R/O Village-
Nauranga, P.S.- Kochadhaman, Distt.- Kishanganj.
7. Md. Mutaleeb @ Mutlib S/O Abdul Salam @ Md. Salam R/O Village-
Nauranga, P.S.- Kochadhaman, Distt.- Kishanganj.
8. Dilwara Khatoon @ Dilavara Khatun W/O Abdul Salam @ Md. Salam R/O
Village- Nauranga, P.S.- Kochadhaman, Distt.- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar, Adv
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case in connection with Kochadhaman P.S. Case No. 284 of
2025 registered for the offences punishable under Sections
126(2), 115(2), 118(1), 109(1), 351(2) and 352/3(5) of the BNS.
Patna High Court CR. MISC. No.32896 of 2026(2) dt.13-05-2026
2/3
3. As per the prosecution case, a partition took place
between the informant and his brothers four years ago, after
which all the brothers were allotted their respective shares. It is
alleged that Petitioner No. 1, co-accused Md. Hasem, and the
other petitioners were dissatisfied with the partition. At an
earlier point, on 05.07.2025 at around 8:30 P.M., while the
informant was on his way to the mosque, Petitioner No. 1 and
co-accused Md. Hasem stopped him and raised the issue of the
land shares. It is further alleged that all the FIR-named accused,
including these petitioners, started abusing the informant,
pressed his neck, and assaulted him with lathis, bamboos, fists,
and slaps. Additionally, co-accused Md. Hasem and Petitioner
No. 5 attacked him with a ‘’hasua’’ and ‘’dabiya’’, causing
injuries to his head.
4. Learned counsel for the petitioners has submitted
that there is two days delay in lodging of the present FIR. It has
been submitted that after thorough investigation chargesheet
came to be filed against the petitioners under sections 126(2),
115(2), 118(1), 109(1), 351(2) and 352/3(5) of the BNS but the
learned magistrate took cognizance against the petitioners under
Section 109(1) also apart from the charge sheeted sections. It
has further been submitted that the informant and the petitioners
Patna High Court CR. MISC. No.32896 of 2026(2) dt.13-05-2026
3/3
belong to one family. It has further been submitted that although
injuries has been discussed in the impugned order to have been
received on head but no such injury has been found in the injury
report.
5. Learned A.PP. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bait-bond of Rs.
10,000/- (Rupees Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, in connection with Kochadhaman P.S. Case No. 284
of 2025, subject to conditions as laid down under section 482(2)
of the BN.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.