Patna High Court
Khurshid @ KursidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Negotiable Sale Act — s. 109, 115(2), 118(1), 118(2), 126(2), 190, 191(2), 482(2)
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
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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
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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
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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
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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
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