Patna High Court
Md. NiyazversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Md. Niyaz, Md. Nazrul and Md. Zaheer, sought bail in connection with a case (Muffasil P.S. Case No.139 of 2025) alleging offences under Sections 115(2), 126(2), 109, 351(2) and 3(5) of the BNS, 2023. They claimed that on 08‑06‑2025 they were attacked by the informant’s party after a prior dispute, resulting in injuries to the informant, his brother Arif and sister‑in‑law Chunni Khatoon. The State argued that the petitioners were the aggressors and that a grievous injury was caused, opposing bail. The Court considered the nature of the allegations, the fair antecedent of the petitioners, and the fact that the injuries were not specifically attributed to any of them. It held that bail could be granted subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS, including a family member as a bailor. Consequently, the petitioners were released on bail pending further proceedings.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the BNSS in view of the alleged assault and injuries caused.
- Whether the fair antecedent of the petitioners outweighs the seriousness of the alleged offences.
Legislation cited
Subjects
- bail
- criminal procedure
- assault
- grievous injury
- fair antecedent
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66707 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- Mufassil District- Purnia
======================================================
1. Md. Niyaz S/O Late Md. Abbas R/O Vill.- Kanala/Kanela, P.S.- Muffasil @
Mufassil, Dist.- Purnea
2. Md. Nazrul S/O Md. Zaheer R/O Vill.- Kanala/Kanela, P.S.- Muffasil @
Mufassil, Dist.- Purnea
3. Md. Zaheer S/O Late Md. Ibrahim R/O Vill.- Kanala/Kanela, P.S.- Muffasil
@ Mufassil, Dist.- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Adv.
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 21-01-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State.
2. The petitioners apprehend their arrest in connection
with Muffasil P.S. Case No.139 of 2025 registered for the
offences punishable under Sections 115(2), 126(2), 109, 351(2)
and 3(5) of the BNS, 2023.
3. In the morning of the fateful day, while the
informant was returning to his home after plucking some
vegetables from his field, in the meanwhile, all the accused
persons surrounded him and started abusing on account of prior
dispute. It is further alleged that the accused persons, including
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the petitioners, who were variously armed with lathi and danda
brutally assaulted the informant and when his brother Md. Arif
and sister-in-law Chunni Khatoon came to his rescue, they were
also assaulted by them, which led to serious injuries to all of
them.
4. Learned Advocate for the petitioners, referring to
the FIR, contended that despite the omnibus nature of allegation
against five named accused persons, the alleged occurrence took
place on 08.06.2025 and the present FIR came to be instituted
on 10.06.2025. Moreover, it is the prosecution parties, who were
aggressor and due to the previous dispute, they brutally
assaulted the petitioner no.1 and his mother, for which the wife
of the petitioner no.1 has also instituted Mufassil P.S. Case No.
149 of 2025. In the said incident, though two persons have
sustained injuries, out of which one injury has been found to be
grievous in nature, but the same has not been specifically
attributed to anyone. The genesis of the free fight is said to be a
previous dispute. All the more, the petitioners are men of fair
antecedent and they undertake that they will fully cooperate in
the proceedings of the Court.
5. On the other hand, learned Advocate for the State,
vehemently opposed the bail application and submitted that
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because of the assault being made by the petitioners, the brother
of the informant has sustained grievous injury and others have
sustained simple; hence the complicity of the petitioners cannot
be denied, who are named accused in the FIR.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the nature of accusation, coupled with the factum of case and
counter case, besides the fair antecedent of the petitioners, let
the above named petitioners, be released on bail, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Purnea in connection with Muffasil P.S. Case
No.139 of 2025, subject to the condition as laid down under
Section 482(2) of the BNSS, with further condition that one of
the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
rohit/-
U T
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