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Patna High Court

Khurshid @ KursidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to conditions, exercising its inherent powers under Section 482(2) of the Bihar Negotiable Sale Act.

Summary

The petitioners, three residents of Baligarh, sought anticipatory bail in connection with a case (Sikti PS Case No. 58 of 2026) alleging offences under sections 126(2), 115(2), 118(1), 118(2), 109, 191(2) and 190 of the Bihar Negotiable Sale Act. The prosecution alleged that the petitioners, along with others, assaulted the informant and his relatives during a land dispute, causing injuries. The petitioners contended that they were falsely implicated due to the land dispute, presented injury reports showing the injuries were not caused by them, and highlighted their clean antecedents. The State opposed anticipatory bail, arguing the existence of injuries. The Court, noting the case‑and‑counter‑case scenario, the petitioners' clean record, and the injuries to both sides, exercised its inherent powers under Section 482(2) to grant anticipatory bail with strict conditions. The order directed the petitioners to surrender within six weeks, furnish bail bonds, and comply with conditions regarding appearance, non‑tampering with evidence, and refraining from further offences.

Issues considered

  • Whether anticipatory bail can be granted despite the seriousness of the alleged offences and the presence of injuries.
  • Whether the existence of a case and counter‑case and the petitioners' clean antecedent justify the exercise of inherent powers under Section 482(2) to grant bail.
  • Whether the petitioners pose a risk of influencing witnesses or tampering with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • land dispute
  • false implication
  • clean antecedent
  • injury report
  • Criminal Procedure Code
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39339 of 2026
                          Arising Out of PS. Case No.-58 Year-2026 Thana- SIKTI District- Araria
                 ======================================================
           1.     Khurshid @ Kursid Son of Hariya Resident of Village- Baligarh, Ward No. -
                  08, P.S.- Sikty, District- Araria.
           2.    Zahid @ Md. Jahir Hussain Son of Sainul Haque Resident of Village-
                 Baligarh, Ward No. - 08, P.S.- Sikty, District- Araria.
           3.    Mainuddin Son of Chamruddin Resident of Village- Baligarh, Ward No. -
                 08, P.S.- Sikty, District- Araria.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ramesh Kumar Singh, Adv
                 For the Opposite Party/s :        Mr.Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Sikti P.S. Case No. 58 of 2026 for the offence

                   punishable under sections 126(2), 115(2), 118(1), 118(2), 109,

                   191(2) and 190 of the BNS lodged on 25.02.2026 by the

                   informant.

                                3. As per the prosecution case, the Informant alleged

                   that on 24.02.2026, while he was irrigating his field, all the

                   twelve FIR named accused persons came armed with various

                   weapons, abused and assaulted the informant. When his father,
Patna High Court CR. MISC. No.39339 of 2026(2) dt.17-06-2026
                                            2/4




          uncle, and brother intervened, they were also assaulted with

          lathis, sword and iron rods inflicting serious injuries. The

          villagers took them to the hospital and the injured persons were

          referred to Sadar Hospital, Araria for better treatment.

          Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that

          these petitioners have falsely been implicated in this case due to

          admitted land dispute between the parties. There is a case and

          counter case between the parties as the petitioner’s side has also

          lodged an FIR being Sikti PS Case No. 61 of 2026 against

          informant and others. As per FIR, it appears that the petitioner

          no.1 assaulted the father of the informant by means of Farsa on

          his head causing injuries while petitioner no.2 caused injuries by

          means of sword on the head of the brother of the informant and

          petitioner no.3 assaulted the uncle by iron rod and got his hand

          broken. Annexure P/3 series is the injury report of father of the

          informant wherein injuries no. 1, 3 and 4 are found to be simple

          while injury no.2 is grievous but not attributable to petitioner no.1.

          Injury report of the uncle of the informant reveals that injuries

          no. 2 and 3 are simple but injury no. 1 is grievous in

          nature but the same is not on the vital part. The injury

          report of brother of the informant shows that he has

          received simple injuries. Learned counsel for the petitioners
Patna High Court CR. MISC. No.39339 of 2026(2) dt.17-06-2026
                                            3/4




          submits that the petitioner including his family members have

          also received injuries which is appended as Annexure P/4 series

          of the present petition. Lastly, it has been submitted that the

          petitioners have got clean antecedents and the said incident has

          taken place due to land dispute and his whole family members

          of the petitioners have been implicated in this case.

                       5. Learned APP opposes the prayer for anticipatory

          bail by submitting that since the injuries are there, the

          petitioners do not deserve the privilege of anticipatory bail.

                       6. Considering the submissions of the parties and

          there is case and counter case between the parties, both sides

          have received injuries and the petitioners have got clean

          antecedent, this Court is inclined to extend them the privilege of

          anticipatory bail.

                       7. Let the petitioners, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) each with two sureties of like

          amount each to the satisfaction of Mr. Pranav Kumar, learned

          Judicial Magistrate, 1st Class, Araria/the court concerned in

          connection with aforesaid PS Case, subject to the conditions as

          laid down under Section 482(2) of the BNSS as well as the
             Patna High Court CR. MISC. No.39339 of 2026(2) dt.17-06-2026
                                                         4/4




                       following conditions:-

                                                            (i) one of the bailors should be the
                                               family member/relative of the petitioner(s)
                                               who shall provide official document to show
                                               his/her bona fide;
                                                            (ii) the petitioner(s) shall appear
                                               on each and every date before the Trial
                                               Court and failure to do so for two
                                               consecutive dates without plausible reason
                                               will entail cancellation of his/their        bail
                                               bond by the Trial Court itself;
                                                            (iii) the petitioner(s) shall in no
                                               way try to induce or promise or threat the
                                               witnesses or tamper with the evidences,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of the bail bonds;
                                                                    (iv) the petitioner(s) shall

                                                       desist from committing any criminal

                                                       offence again, failing which the State

                                                       shall be at liberty to take steps for

                                                       cancellation of his/their bail bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


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