Patna High Court
Md. PeshkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Md. Peshkar, was implicated in a case (Barari PS Case No. 292 of 2025) for alleged assault with a sickle and other violent acts during a land dispute. He applied for anticipatory bail, claiming innocence, lack of criminal antecedent, a three‑day delay in filing the FIR, and that the injury report did not substantiate the alleged grievous injuries. The State opposed the bail, citing multiple offences under the Bhartiya Nyaya Sanhita. The court examined the facts, the delay, and the injury report, and considered the provisions of Section 482(2) of the B.N.S.S. for granting bail. It ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and conditioned on surrender within six weeks. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bhartiya Nyaya Sanhita despite the serious nature of the alleged offences.
- Whether the three‑day delay in lodging the FIR and the nature of the injury report justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352, 482(2), 74, 76
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- criminal procedure
- assault
- delay in FIR
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34685 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- BARARI District- Katihar
======================================================
Md. Peshkar S/o Late Naimuddin R/o Marpa Balua, Ward No. 03, Sujapur,
P.S.- Barari, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Barari P.S. Case No. 292 of 2025 dated
10.09.2025 registered for the offences punishable under Section
126(2), 115(2), 118(2), 109, 74, 76, 351(2), 352 and 3(5) of the
Bhartiya Nyaya Sanhita.
3. As per the allegation, on the question of irrigation of
land dispute, co-accused Md. Atabur caught hold both the hands
of the informant, while this petitioner is alleged to have assaulted
the informant on the head with a sickle, injuring him. It has
further been alleged that when wife of the informant came to
rescue, then co-accused Mister assaulted her and co-accused Md.
Afjal pulled the informant’s sari, due to which she became semi-
Patna High Court CR. MISC. No.34685 of 2026(2) dt.19-05-2026
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naked and the co-accused Md. Moti abused the father of the
informant and also assaulted him with a lathi.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has been falsely implicated in this
case. It has further been submitted that there is delay of three
days in lodging the FIR and referring to the injury report of the
informant, as annexed as Annexure-2, it has been submitted that
the injury sustained by the informant is opined to be simple in
nature, caused by hard and blunt substance and the same does
not corroborate the allegation. It has further been submitted that
there is no injury report of the father of the informant on record.
It has lastly been submitted that the petitioner has got no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Patna High Court CR. MISC. No.34685 of 2026(2) dt.19-05-2026
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Katihar, in connection with Barari P.S. Case No. 292 of 2025,
subject to conditions as laid down under section 482(2) of the
B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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