Patna High Court
Md. Istiyak @ MunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Md. Istiyak, sought anticipatory bail fearing arrest in a case (PS‑362/2025) alleging multiple offences under the Bhartiya Nyaya Sanhita, 2023, including assault causing head injury. The prosecution alleged that the petitioner struck Md. Taushif with a Dabiya, resulting in a head injury. The petitioner argued that the injury was minor, he has a clean antecedent, and the dispute stemmed from a family quarrel over a second marriage involving the informant’s father‑in‑law, not from his actions. The court examined whether the allegations warranted denial of bail and considered the scope of Section 482(2) of the B.N.S.S. to prevent abuse of process. Finding the injury simple and the dispute essentially civil, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties within four weeks, subject to compliance with Section 482(2).
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nyaya Sanhita, 2023 in the pending criminal case.
- Whether the nature of the alleged assault and the surrounding family dispute justify denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 118, 124, 126, 3, 305, 324, 329, 482, 75
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- assault
- criminal procedure
- bail bond
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6866 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Md. Istiyak @ Munna Son of Late Jamiruddin Resident of Village- Parsaraee,
Ward No. 11, P.S.- Dagarua, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Adv.
Ms. Divya Bharti, Adv.
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Dagarua P.S. Case No. 362 of 2025 dated
04.10.2025 registered for the offence punishable under Section/s
126(2), 329(3), 329(4), 115(2), 118(1), 109, 124(1), 75, 324(4),
324(5), 305 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the accusation against
the petitioner is of assaulting Md. Taushif upon his head by
means of Dabiya due to which he sustained head injury.
4. Learned counsel for the petitioner by referring to
the order impugned submits that the injury, which is said to have
been caused by this petitioner, is simple in nature and, for
Patna High Court CR. MISC. No.6866 of 2026(2) dt.04-02-2026
2/2
ulterior reason, the name of the petitioner has been dragged in
this case. The entire incident is said to have taken place because,
the Informant’s father had married for the second time, which is
the core issue behind the dispute, in question. It is next
submitted that the injury, sustained by the Informant’s husband,
is simple in nature and, the petitioner is a person of clean
antecedent.
5. Considering the fact that the dispute is between the
Informant and the co-accused Md. Ashfaque, who is the father-
in-law of the Informant, who is said to have performed second
marriage with one Sima Khatoon, which led to the entire fight,
let the petitioner, above named, be released on anticipatory bail
in the event of his arrest or surrender before the court below
within a period of four weeks from today on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Purnea in connection with Dagarua P.S.
Case No. 362 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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