Patna High Court
Md. Istekhar @ Istkhar @ IbatkharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioners, two brothers, sought anticipatory bail fearing arrest in a case alleging offences under Sections 126(2), 115(2), 118(1), 74, 303(2) and 352 of the Indian Penal Code arising from a land‑dispute incident that allegedly occurred on 26‑01‑2025. The FIR was lodged almost a year later on 07‑01‑2026 and the injury report was dated 15‑01‑2026, raising questions about the delay and the consistency of medical evidence. The State opposed bail, emphasizing the grievous nature of the injuries sustained by the informant’s husband. The court noted the unexplained delay, the clean antecedents of the petitioners, and the underlying land‑dispute, and found no justification to deny bail. Accordingly, the court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, verification of criminal antecedents and compliance with Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted despite the seriousness of the alleged offences and the delay in lodging the FIR and injury report
- Whether the delay and inconsistencies in medical documentation affect the grant of bail
- Whether Section 482(2) of the Criminal Procedure Code permits the court to impose conditions on anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 115(2), 118(1), 126(2), 303(2), 352, 74
Subjects
- anticipatory bail
- delay in FIR
- grievous injuries
- land dispute
- clean antecedents
- Section 482
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35481 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- NARPATGANJ District- Araria
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1. Md. Istekhar @ Istkhar @ Ibatkhar S/o Mohammad Rauf @ Md. Rauf @
Mohammad Raoof R/o Village- Gokhlapur (Gokhulpur), Ward No. 02, P.S -
Narpatganj, District - Araria
2. Md. Julfkar @ Mohammad Julifkar S/o Mohammad Rauf @ Md. Rauf @
Mohammad Raoof R/o Village- Gokhlapur (Gokhulpur), Ward No. 02, P.S -
Narpatganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the State : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioners and the
learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection
with Narpatganj P.S. Case No. 07 of 2026, for allegedly having
committed offence under Sections 126(2), 115(2), 118(1), 74,
303(2), 352 of the BNS.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 26.01.2025 at around 03:00 PM, all the
accused persons, including the petitioners came there armed
with farsa, sword and other weapons and started assaulting the
informant. It is alleged that both the petitioners, with an
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intention to kill the husband of the informant, assaulted him
with farsa and sword on his head due to which he sustained
injuries. It is further alleged that all the other accused persons
also assaulted him with stick and iron rod.
4. Learned counsel appearing on behalf of the
petitioners submits that although, the occurrence took place on
26.01.2025 but the present FIR has been lodged on 07.01.2026,
i.e. after a delay of about one year. He further submits that the
dispute between the parties relates to a land, which belongs to
the father of the petitioners and they are paying rent to the
Government of Bihar and both the parties are co-sharer. He
further submits that the injuries sustained by the husband of the
informant, although are grievous in nature. Further, the
occurrence is said to have been taken place on 26.01.2025,
however, the injury report has been prepared on 15.01.2026.
5. The learned APP for the State opposes the prayer for
bail of the petitioners and submits that injuries are grievous in
nature and therefore, the petitioners do not deserve the privilege
of anticipatory bail.
6. Having heard the rival submissions and after going
through the records, it appears that the First Information Report
was lodged on 07.01.2026, for an occurrence which is said to
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have taken place on 26.01.2025. Further, from the injury report
which has been brought on record by the petitioners which is at
Annexure-P/3 to the present anticipatory bail application, it
appears that the treating doctor, who is the medical officer of
CHC, Narpatganj, while recording the Registration No. 1116
dated 26.01.2025, went on to record on 15.01.2026, after going
through the CT Scan report dated 26.01.2025 that the injuries
sustained by the husband of the informant are grievous in nature
and the age of injury is 2-4 hours. It is surprising that when the
CT Scan report is of 26.01.2025 then how the treating doctor
has opined the same to be within 2-4 hours on 15.01.2026 and
on the basis of the report dated 26.01.2025, he found the injuries
to be grievous in nature on 15.01.2026. Further, the petitioners
have got clean antecedents and they are agnates and land dispute
is there in between the parties.
7. Considering the facts aforesaid, let the petitioners,
above named, in the event of their arrest or surrender within a
period of six weeks, be released on bail on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned CJM,
Araria in connection with Narpatganj P.S. Case No. 07 of 2026 ,
subject to the conditions as laid down under Section 482(2) of
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the B.N.S.S., with a further condition that :-
The learned court concerned shall verify the criminal
antecedents of the petitioners and in case at any stage it is found
that the petitioners have concealed their criminal antecedents,
the court concerned shall take steps for cancellation of bail
bonds of the petitioners. However, the acceptance of bail bonds
in terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Ritesh Kumar, J)
priyanka/-
U T
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