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Patna High Court

Md. Pinku @ Md. Pinka @ Md. PikuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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