Patna High Court
Md. AtharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 329(3), 3(5), 351(2), 352, 74
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
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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
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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
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