Patna High Court
Afroz AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted to the petitioners, subject to a bail bond and conditions.
Summary
The petitioners, four men from Savath village, were named in an FIR for assaulting an informant and others during a land dispute, alleged to have caused bodily injury with intent to cause death under several sections of the Bhartiya Nyay Sanhita, 2023. They applied for anticipatory bail, arguing that the injuries were simple except one non‑vital grievous injury, that there was no intention to cause death, and that they have a clean antecedent, while a related title suit is pending in civil court. The State opposed the bail. The court examined the nature of the injuries, the context of the land dispute, and the petitioners' clean record, and concluded that anticipatory bail was appropriate. Accordingly, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs surrender within four weeks and compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of assault causing bodily injury with alleged intent to cause death under the Bhartiya Nyay Sanhita, 2023.
- Whether the nature and location of the injuries demonstrate an intention to cause death.
- Whether the pending civil title suit and the petitioners' clean antecedent affect the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- intention to cause death
- land dispute
- Bhartiya Nyay Sanhita
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41199 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
1. Afroz Ali S/O Bhunush Ali Resident of Village - Savath, P.S. - Durgawati,
District - Kaimur, Bhabua
2. Shamsher Ali Son of Hamid Ali Resident of Village - Savath, P.S. -
Durgawati, District - Kaimur, Bhabua
3. Sarfaraj Ali Son of Yunush Ali. Resident of Village - Savath, P.S. -
Durgawati, District - Kaimur, Bhabua
4. Muslim Ali Son of Hamid Ali. Resident of Village - Savath, P.S. -
Durgawati, District - Kaimur, Bhabua
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Sunil, Advocate
Mr.Saharsh Shubham, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Durgawati P.S.
Case No. 123 of 2026 registered for the offences punishable
under Sections 126(2), 115(2), 303(2), 118(1), 109(1), 117(2),
352, 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the
‘B.N.S.’).
3. The allegation against the petitioners is to assault the
informant and others during course of occurrence causing head
Patna High Court CR. MISC. No.41199 of 2026(2) dt.29-06-2026
2/3
and bodily injury having intention to cause death, where the
occurrence alleged to be arising out of land dispute.
4. Learned counsel appearing on behalf of the petitioners
submitted that allegation of physical assault against the
petitioners is very much general and omnibus in nature. It is
pointed out that the present occurrence took place in the
background of land dispute, for which one Title Suit is pending
between the parties in the court of learned Munsif, Sub-
Divisional Civil Court, Mohania, Kaimur, as Title Suit No.
318/2023.
5. It is also pointed out that countering the aforesaid
case, a complaint case was also filed, which has been registered
as Complaint Case No. 122/2026, which is pending for enquiry
before the learned Magistrate.
6. It is submitted by learned counsel that upon medical
examination, nature of injury was found simple except one
which was on right finger and grievous in nature. It is pointed
out that as by taking note of nature of injury and also it was on
non-vital part, it can be safely said that petitioners were not
under intention to cause death of the informant and other injured
persons. Petitioners claimed clean antecedent.
7. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.41199 of 2026(2) dt.29-06-2026
3/3
anticipatory bail of the petitioners.
8. In view of the aforesaid factual submissions and by
taking note of the nature of injury and also the body part where
grievous assault as alleged was found, coupled with the fact that
occurrence took place in the background of land dispute for
which one title suit, as discussed aforesaid, is pending between
the parties, accordingly, above-named petitioners, who are men
of clean antecedent, in the event of their arrest/surrender within
a period of four weeks from this order, are directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate - 1st Class, Mohania,
Kaimur/concerned court in connection with Durgawati P.S. Case
No. 123 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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