Patna High Court
Md. ArsadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Md. Arsad, sought anticipatory bail after being implicated in a case alleging assault on his brother‑in‑law, the informant, with a wooden plank. The prosecution alleged offences under several sections of the B.N.S., while the petitioner claimed innocence, asserting the complaint was fabricated due to a family feud and that the injuries were minor. The informant’s counsel opposed bail, but the court considered the relationship between the parties and the nature of the injuries. The court held that the circumstances warranted the grant of anticipatory bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offences and the nature of the complaint
Legislation cited
Subjects
- anticipatory bail
- assault
- family feud
- false complaint
- criminal procedure
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5382 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- CHANDRADIP District- Jamui
======================================================
Md. Arsad son of Late Kalim @ Kalim Mistri Resident of Village -Aarha PS-
Chandradeep District- jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Niranjan Parihar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Pramod Kumar Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109, 117(2), 303(2), 351(2), 352 and 3(5) of the
B.N.S..
3. As per prosecution case, this petitioner is stated to
have assaulted on the head of informant with chapad.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is own brother-in-law of the
informant and due to family feud, this false and concocted
Patna High Court CR. MISC. No.5382 of 2026(2) dt.03-02-2026
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case has been lodged. Doctor has found the injuries, sustained
by the injured, simple in nature.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, relationship between the parties and nature of injuries
sustained by the injured, the prayer for grant of anticipatory bail
to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. 1st, Jamui in
connection with Chandradeep P.S. Case No. 177 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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