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Patna High Court

AnwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bond and sureties, under the applicable provisions.

Summary

Anwar, the petitioner, was named in an FIR for assaulting an informant with an iron rod during a land dispute, allegedly causing a head injury and intending to cause death. He sought anticipatory bail, arguing that the injury was not caused by him, was simple in nature, non‑repeated, and that he has a clean antecedent. The State opposed the bail, relying on the seriousness of the offences under the Bhartiya Nyay Sanhita, 2023. The court examined the medical findings and the petitioner’s clean record, concluding that the allegations did not establish an intention to cause death. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
  • Whether the alleged assault demonstrates an intention to cause death as required under Sections 191(3), 190, etc., of the Bhartiya Nyay Sanhita, 2023
  • Whether the injury was caused by the petitioner and if it was grievous or simple in nature
  • Whether the petitioner’s clean antecedent warrants bail

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • intention to cause death
  • land dispute
  • clean antecedent
  • criminal procedure
  • B.N.S.
  • B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42893 of 2026
                        Arising Out of PS. Case No.-279 Year-2025 Thana- BARSOI District- Katihar
                 ======================================================
                 Anwar Son of Kamiruddin Resident of Village- Badhihala, Vishanapur, P.O.
                 and P.S.- Barsoi, District- Katiha, Bihar.
                                                                           ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amritanshu Dangi, Advocate
                 For the Opposite Party/s :        Mr.Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Barsoi P.S. Case No.

                   279 of 2025 registered for the offences punishable under

                   Sections 191(3), 190, 126(2), 115(2), 109(1), 74, 303(2) & 352

                   of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. The allegation against the petitioner is to assault the

                   informant/injured during the course of occurrence by means of

                   iron rod causing head injury alongwith other co-accused

                   persons, where alleged assault was made with intention to cause

                   death of the informant/injured. Occurrence alleged to be taken

                   place due to land dispute.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that specific allegation is available against this
Patna High Court CR. MISC. No.42893 of 2026(2) dt.08-07-2026
                                            2/3




          petitioner to assault on the head of the informant by using iron

          rod in terms of FIR. It is submitted that if this version of FIR,

          which authored by the informant/injured himself, be accepted as

          true, then, certainly the grievous injury which found upon nasal

          bone was admittedly not made by this petitioner. It is submitted

          that head injury, as alleged to be caused by this petitioner, was

          non-repeated and, moreover upon medical examination, it was

          found simple in nature. It is submitted that these facts

          collectively sufficient to suggest that petitioner was not under

          intention to cause death of the informant/injured. In support of

          his submission, learned counsel relied upon the legal report of

          Hon’ble Supreme Court as available through State of Himachal

          Pradesh Vs. Shamsher Singh reported in 2025 SCC OnLine

          SC 807. Petitioner claimed clean antecedent.

                   5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and by

          taking note of the fact as injury which was found grievous,

          admittedly not appears to be caused by this petitioner, coupled

          with the fact that injury on head not appears repeated and found

          simple in nature, as discussed aforesaid, accordingly, above-

          named petitioner, who claims to be a man of clean antecedent,
           Patna High Court CR. MISC. No.42893 of 2026(2) dt.08-07-2026
                                                       3/3




                     in the event of his arrest/surrender within a period of four weeks

                     from this order, is 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

                     District & Additional Sessions Judge-IX, Katihar/concerned

                     court in connection with Barsoi P.S. Case No. 279 of 2025,

                     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/-

U      T


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