Created by Fuzzy Cloud

Patna High Court

Md. ArjuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions imposed.

Summary

The petitioners, four residents of Khutauna village, were accused of assault, robbery and other offences under several IPC sections arising from an alleged scuffle on 4 May 2021. They applied for anticipatory bail, claiming the incident was a trivial dispute between co‑villagers, that injuries were minor, and that they have a clean antecedent. The State opposed the bail, asserting the seriousness of the charges. The Court examined the nature of the accusations, the injuries, the existence of a case and counter‑case, and the petitioners' clean record. Considering these factors, the Court granted anticipatory bail, directing the petitioners to surrender within eight weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the applicable provisions.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to the anticipatory bail order.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • robbery
  • Indian Penal Code
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5152 of 2026
                    Arising Out of PS. Case No.-60 Year-2021 Thana- KHUTAUNA District- Madhubani
                 ======================================================
           1.     Md. Arju S/O Md. Rajji Ahmad R/O Village- Khutauna, P.S- Khutauna,
                  District- Madhubani.
           2.    Md. Athar S/O Jamil Ahmad R/O Village- Khutauna, P.S- Khutauna,
                 District- Madhubani.
           3.    Md. Ashraf S/O Jamil Ahmad R/O Village- Khutauna, P.S- Khutauna,
                 District- Madhubani.
           4.    Faiz Ahmad @ Md. Saheb @ Saheb S/O Md. Rajji Ahmad R/O Village-
                 Khutauna, P.S- Khutauna, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 341, 323, 379, 504, 506,

                   324/34 of the Indian Penal Code.

                                3. Prosecution case, in brief, is that on 4.5.21 at about

                   6:30 PM, when informant was closing his shop, these

                   petitioners, variously armed, came there and petitioner no. 1

                   assaulted on his head with knife. It is further alleged that

                   petitioner nos. 2 & 3 caught hold of the informant and petitioner
Patna High Court CR. MISC. No.5152 of 2026(2) dt.03-02-2026
                                            2/3




          no. 4 repeatedly assaulted on his knees with a stick. When

          brother of the informant came to save him, he was also assaulted

          by these petitioners and they also snatched gold chain and cash

          of Rs. 20,000/-.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence. Both

          parties are co-villagers and on trivial issue, scuffle took place

          between the parties in which both sides inflicted injuries on each

          other. Allegation of assault is general and omnibus and there is

          no specific allegation of any overt act against these petitioners.

          Injuries sustained by the injured are simple in nature. Case and

          counter case. Rest of the allegations are ornamental only to

          make the case grave. Petitioners claim clean antecedent.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering nature of accusation, injuries, case and

          counter case and clean antecedent, this anticipatory bail is

          allowed and it is ordered that let the above named petitioners in

          the event of their arrest/surrender before the court below within

          a period of eight weeks from today, be enlarged on bail on

          furnishing bail-bond of Rs. 10,000/- (ten thousand) each with

          two sureties of the like amount each to the satisfaction of
              Patna High Court CR. MISC. No.5152 of 2026(2) dt.03-02-2026
                                                          3/3




                        Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in

                        connection with Khutauna P. S. Case No. 60 of 2021, subject to

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

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

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.