Patna High Court
Md. ArjuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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
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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
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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
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