Patna High Court
Md. AkramversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted to the petitioners subject to a bond of Rs.10,000 each and two sureties, under the conditions of Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, six residents of Shasan village, sought anticipatory bail fearing arrest in a case (Hasanpur P.S. Case No.86 of 2026) that alleged multiple offences including assault, attempted murder and other crimes under the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution’s case was based on the informant’s allegation that the petitioners participated in a violent attack on him, his family and a pregnant woman. The petitioners contended that they were falsely implicated, that the dispute was a land dispute between agnates, and that all injuries were simple while they possessed a clean antecedent. The State opposed the bail, arguing the seriousness of the allegations. The Court, after weighing the nature of the allegations, the petitioners’ clean record and the possibility of surrender within six weeks, granted anticipatory bail subject to a bond of Rs.10,000 each and two sureties, invoking Section 482(2) of the B.N.S., 2023. The order conditions the bail on compliance with the stipulated terms and further investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences and their clean antecedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- assault
- land dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41433 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- HASANPUR District- Samastipur
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1. Md. Akram S/O Md. Jabbar @ Jabbar Khan R/O- village- Shasan, P.S-
Hasanpur, District- Samastipur.
2. Md. Mustafa S/O Md. Nisiruddin R/O- village- Shasan, P.S- Hasanpur,
District- Samastipur.
3. Md. Murtuja S/O Md. Nisiruddin R/O- village- Shasan, P.S- Hasanpur,
District- Samastipur.
4. Md. Kaiyum S/O Md. Idris R/O- village- Shasan, P.S- Hasanpur, District-
Samastipur.
5. Md. Jabbar @ Jabbar Khan S/O Md. Idris R/O- village- Shasan, P.S-
Hasanpur, District- Samastipur.
6. Md. Sofiyan S/O Md. Nizamuddin @ Md. Nijam R/O- village- Shasan, P.S-
Hasanpur, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Hasanpur P.S. Case No.86 of 2026, G.R. No.410 of 2026
instituted under Sections 126(2), 115(2), 118(1), 117(2), 109,
352, 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that some of the co-accused persons came and started
Patna High Court CR. MISC. No.41433 of 2026(2) dt.01-07-2026
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abusing him. It is further alleged that co-accused Md. Nijam and
petitioner no.5 gave order to kill him upon which co-accused
Md. Anbar assaulted by means of iron rod upon the head of
brother of informant causing injury to him. The informant tried
to save him but co-accused Md. Nijam gave iron rod blow upon
the head of informant causing injury to him. Petitioner no.5
assaulted the pregnant daughter of informant by means of legs
in her stomach. Son and nephew of informant were also
assaulted by the accused persons.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. He further submits that both the parties are agnates and
there is admitted land dispute between the parties. Learned
counsel submits that the allegation of assault upon son and
nephew of informant is upon petitioner no.5 but the injury
report of injured shows that the injury is simple in nature. He
further submits that injuries to all the injured are simple in
nature. Learned counsel submits that petitioners have got clean
antecedent and they undertake to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.41433 of 2026(2) dt.01-07-2026
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6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as their
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned A.C.J.M.-II nd,
Rosera/ concerned Court in connection with Hasanpur P.S. Case
No.86 of 2026, G.R. No.410 of 2026, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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