Created by Fuzzy Cloud

Patna High Court

Md. AtharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, subject to a bond of ₹30,000 and conditions prescribed under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Md. Athar, sought bail after an FIR was lodged alleging his involvement in a violent incident stemming from a land dispute, with charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged assault, use of weapons, and an attempt to outrage the modesty of a woman, while the petitioner denied any wrongdoing and highlighted a clean antecedent and a counter‑case he had filed. The State opposed bail, citing the seriousness of the alleged offences and the ongoing case‑counter‑case scenario. The court examined the nature of the allegations, the statutory provisions governing bail, and the petitioner’s claim of innocence. It concluded that bail could be granted, subject to a bond of ₹30,000 and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023. The order directed the petitioner to surrender within four weeks if arrested, ensuring compliance with Sections 2(1)(d) and 482(2) of the said Act.

Issues considered

  • Whether the petitioner is entitled to bail pending trial for the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the seriousness of the alleged offences justifies denial of bail.
  • Whether the existence of a land dispute and a counter‑case influences the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • attempt to outrage modesty
  • land dispute
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4953 of 2026
                 Arising Out of PS. Case No.-260 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
                 ======================================================
                 Md. Athar S/o Md. Asgar Resident of Village- Chilmara Tajganj, P.S.-
                 Muffasill, District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md. Musowir, Advocate
                 For the Opposite Party/s :      Mr.Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner who apprehends arrest in connection

                   with Muffasil P.S. Case No. 260 of 2025 lodged on 04.11.2025,

                   for the offences punishable under sections 126(2), 115(2),

                   118(1), 117(2), 109(1), 74, 303(2), 352, 351(2), 329(3), 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, the F.I.R. has been lodged

                   against the petitioner and two unknown accused persons. It is

                   alleged in the F.I.R. that the petitioner, along with two unknown

                   persons, came to the house of the informant and started

                   searching for her brother. When questioned by the informant,

                   the accused persons allegedly attempted to drag her by catching

                   hold of her hand. When the brother of the informant tried to
Patna High Court CR. MISC. No.4953 of 2026(2) dt.04-02-2026
                                            2/3




          rescue her, the accused persons assaulted them with a bamboo

          stick and an iron fighter. The accused persons also allegedly tore

          the clothes of the informant and attempted to outrage her

          modesty. It is further alleged that when another brother of the

          informant went to the house of the petitioner to inquire about

          the incident, all the accused persons, including the petitioner,

          assaulted him. It is specifically alleged that the petitioner

          inflicted a blow with an iron rod on the head of the informant’s

          brother. The accused persons are also alleged to have snatched

          the ear-ring of the informant.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. The

          antecedent of the petitioner is clean. It is further submitted that

          although the alleged occurrence took place on 01.11.2025, the

          F.I.R. was instituted on 04.11.2025. The present case has been

          lodged in the background of a land dispute between the parties,

          and there exists a case and counter-case between them. It is

          submitted that the petitioner has also instituted Muffasil P.S.

          Case No. 259 of 2025. Learned counsel further submits that the

          injury report indicates that the injuries sustained are simple in

          nature and caused by a hard and blunt substance.

                       5. Learned APP for the State opposes the prayer for
            Patna High Court CR. MISC. No.4953 of 2026(2) dt.04-02-2026
                                                        3/3




                      bail and submits that there exists a case and counter-case

                      between the parties.

                                   6. In the facts and circumstances, let the above named

                      petitioner be released on bail, in the event of arrest or surrender

                      before the Trial Court within a period of four weeks from today,

                      on furnishing bail bond of ₹30000/- (thirty thousand) as

                      mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

                      Sanhita, 2023 to the satisfaction of the learned CJM, Katihar, in

                      connection with the aforementioned case, subject to the

                      conditions as laid down under Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.