Patna High Court
Md. Azad @ Azad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners, holding that the allegations were too general to justify denial of bail.
Summary
The petitioners, six residents of Baidanda, sought anticipatory bail fearing arrest in a case (Barari PS Case No. 295 of 2025) arising from an alleged assault on an informant and his sons during a land‑fencing dispute. The FIR, dated 12‑09‑2025, charges them under Sections 126(2), 115(2), 118(2), 117(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution argued the assault caused injuries, while the petitioners contended that the allegations were vague, they have clean antecedents, and the matter involves a case‑and‑counter‑case. The court examined whether the general nature of the accusations justified denial of bail and considered the provisions of Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. Finding the allegations insufficiently specific, the court granted anticipatory bail with strict conditions, including bond, sureties, appearance requirements, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted when the FIR contains general and omnibus allegations.
- Whether the provisions of Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita permit denial of bail in the present facts.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(2), 126(2), 3(5), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- general allegations
- land dispute
- assault
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNS
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6648 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- BARARI District- Katihar
======================================================
1. Md. Azad @ Azad Ali S/O Late Juber Ali R/O- Baidanda, Jangipur, P.S.-
Barari, Distt- Katihar
2. Md. Ishahak @ Md. Ishaque Ali S/O- Md. Azad @ Azad Ali R/O- Baidanda,
Jangipur, P.S.- Barari, Distt- Katihar
3. Maskur Alam @ Md. Mashkur Alam S/O- Md. Azad @ Azad Ali R/O-
Baidanda, Jangipur, P.S.- Barari, Distt- Katihar
4. Md. Salim S/O- Sultan Ahmad R/O- Baidanda, Jangipur, P.S.- Barari, Distt-
Katihar
5. Jahangir Alam S/O- Mansoor Alam R/O- Baidanda, Jangipur, P.S.- Barari,
Distt- Katihar
6. Taukir Alam S/O Juran Ali @ Jurab Ali R/O- Baidanda, Jangipur, P.S.-
Barari, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kunwar Ajit Singh
Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehended their arrest in
connection with Barari P.S. Case No. 295 of 2025, F.I.R dated
12.09.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(2), 117(2), 109, 352 and 3(5) of
Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 12.09.2025
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about 11:30 A.M. the informant along with his sons were
fencing the land bearing Khata No-81, Khesra No.-293, area
17.4 decimal and at that time all the accused persons came with
weapons in their hands and assaulted the informant and his sons
due to this injuries was caused and the informant and his sons
fell on the ground and thereafter all the accused persons fled
away.
4. Learned counsel for the petitioners submits that the
allegations against the accused persons, which are general and
omnibus, and in the course of the said incident, altogether four
persons are said to have been injured. In respect of three injured
persons, the injury has been found to be simple, while in respect
of Noor Mohammad, five injuries have been found, out of which
one injury is grievous, which is said to have been received on
the right hand caused by a hard substance, while the other four
injuries are said to be simple. The petitioners are said to have a
clean antecedent, and the petitioners are neighbours, and there is
a case and counter case. The petitioners undertakes to maintain
peace and harmony with the informant as also to abide by the
terms and conditions of the anticipatory bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
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6. Considering the fact that allegations are general and
omnibus and nothing specific is attributed to these petitioners.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court of C.J.M, Katihar in connection with Barari
P.S. Case No. 295 of 2025, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
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