Patna High Court
Md. AbbashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
The petitioners, Md. Abbash, Md. Parwez and Md. Mustakim, were implicated in a case (Bachhwara P.S. Case No. 214 of 2025) for alleged assault with a sword, iron rod and other weapons, invoking several offences under the Bharatiya Nyaya Sanhita, 2023. They contended that the allegations were false, arising from a land dispute and a retaliatory complaint by the informant, and that the injuries reported were either simple or limited. The State opposed their request for anticipatory bail. The Court examined the seriousness of the charges, the petitioners' criminal antecedents, and the circumstances of the dispute, and decided to grant anticipatory bail subject to conditions under Section 438 of the CrPC read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order required a bond of Rs. 10,000 with two sureties, presence before the trial court, and compliance with verification of antecedents. The order was pronounced as an interim relief, with no prejudice to the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the seriousness of the alleged offences and the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- assault with weapon
- criminal antecedent
- land dispute
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68799 of 2025
Arising Out of PS. Case No.-214 Year-2025 Thana- BACHHWARA District- Begusarai
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1. Md. Abbash, S/o Late Md. Razzak;
2. Md. Parwez, S/o Late Md. Shamsul @ Md. Shamsul;
3. Md. Mustakim @ Mustaque @ Md. Mustaque, S/o Late Md. Razzak;
All are R/o Village- Siswa (Sishwa), Ward No. 12, P.S.- Bachhwara,
District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-01-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Bachhwara P.S. Case No. 214 of 2025
registered for the offence(s) under Section(s) 126(2), 115(2),
303(2), 109, 118(1), 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has
alleged that the petitioners along with other seven to eight
persons have assaulted him as well as his son. It has further
been alleged that petitioner No. 3 was carrying a sword, while
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the other two petitioners were also armed with iron rod and
farsa.
4. The learned counsel for the petitioners submits that
the petitioners have falsely been implicated in this case and no
such incident as alleged has occurred. It has been submitted that
the present case is the counter blast to the earlier case lodged by
the brother of petitioner Nos. 1 and 3. It has further been
submitted that the present incident happened on account of
some dispute with regard to certain land and the order of the
same was passed in favour of the petitioners. However, the
informant was disputing the same and it was, in fact, the
informant who was the aggressor and in such act, the injuries
were sustained.
5. The learned counsel for the petitioners has drawn
the attention of this Court towards the injury report, which has
been brought on record by way of supplementary affidavit,
wherein the injuries sustained by the injured persons, namely,
Md. Rahmat and Md. Kudus @ Md. Sahnawaz were found to be
simple in nature caused by hard and blunt substance, while the
injury report of Md. Usbair showed that grievous injuries were
sustained by him. However, it is submitted that the same was
found on the left hand between the index and the middle fingers.
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It has lastly been submitted on behalf of the petitioners that
petitioner Nos. 1 and 3 have two criminal antecedents against
them, which arises out of the disputes with the informant and his
agnates, whereas petitioner No. 2 carries one criminal
antecedent against his name, which has been filed by the wife of
the present informant.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
7. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the concerned Court/successor Court where
the case is pending in connection with Bachhwara P.S. Case No.
214 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
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following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that he has concealed their criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of their bail bond. However, the acceptance of bail bond
in terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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