Patna High Court
Md. Pinku @ Md. Pinka @ Md. PikuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, three residents of Rangpura, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Sale Act (B.N.S.S) for alleged assault and theft. They contended that the FIR was vague, the informant had a family dispute, and the petitioners were falsely implicated while trying to pacify the conflict. The State opposed the bail, arguing the seriousness of the offences. The court examined the submissions, noting the lack of specificity in the assault allegations and the petitioners' clean records (except for one antecedent). It granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the FIR's vague allegations
- Whether the petitioners were falsely implicated in the offences under the B.N.S.S
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- FIR
- assault
- Criminal Procedure Code
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5873 of 2026
Arising Out of PS. Case No.-83 Year-2024 Thana- MIRGANJ District- Purnia
======================================================
1. Md. Pinku @ Md. Pinka @ Md. Piku, S/O Md. Sagir @ Sagir @ Md. Samir,
Resident of Rangpura, P.S- Mirgnj, District - Purnea
2. Khursid @ Md. Khurshid, Son of Md. Shahsheed, Resident of Rangpura,
P.S.- Mirgnj, District - Purnea
3. Md. Gore Babu @Md. Gore, Son of Sagir @ Md. Saghir @ Sagir @ Md.
Samir, Resident of Rangpura, P.S.- Mirgnj, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 117(2), 118(1), 118(2), 303(2), 109
of the BNS.
3. Learned counsel for the petitioners submits that
petitioner no. 1 and 3 have antecedent of one case, petitioner no.
2 is a person with clean antecedent and the informant alleges
that an altercation with his agnates started, when 9 named
accused persons including the petitioners came and started
Patna High Court CR. MISC. No.5873 of 2026(2) dt.29-04-2026
2/3
intervening, when the informant said that the dispute is between
family members, on which all the accused persons assaulted his
father and brother by rod and sword causing injury on both
hands of his father and on the head of the his brother and Md.
Tinka took out Rs. 1,000/- from his father’s pocket.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR it would manifest that the
informant was having an altercation with his agnates when 9
accused persons intervened and assaulted but then allegation of
assault is not specific. It is submitted that since an altercation
had taken place in between the side of the informant and his
agnates as such both side assaulted each other and when
petitioners came to pacify the issue they came to be implicated
thus FIR does not disclosed who assaulted the brother and father
of the informant. It is further submitted that no doubt injury
suffered by the injured is opined to be grievous but then
allegation of assault is not specific.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.5873 of 2026(2) dt.29-04-2026
3/3
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/Successor Court in connection with Mirganj
P.S. Case No. 83 of 2024, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
khushbu/-
U T
Checking your session…