Patna High Court
Arzoo BakshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners.
Summary
Arzoo Baksh and Shanshah Baksh sought anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 352, 351(2), 109 and 3(5) of the B.N.S. The prosecution alleged that on 21 July 2025 the informant and his family were assaulted by the petitioners, resulting in injuries. The petitioners contended they were innocent, stating the dispute arose from a land conflict and that the allegations were general, omnibus and lacked any specific overt act, with the injuries described as simple. The State opposed the bail application. The Court, considering the relationship between the parties, the case‑and‑counter‑case scenario, and the vague nature of the accusations, granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the accusation is general and omnibus without specific overt act.
- Whether the nature of the injuries and the land‑dispute context justify bail.
- Whether the conditions of Section 482(2) of the B.N.S.S. are satisfied.
Legislation cited
Subjects
- anticipatory bail
- general and omnibus accusation
- land dispute
- assault
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72343 of 2025
Arising Out of PS. Case No.-254 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
1. Arzoo Baksh S/o Anzar Baksh R/o village - Mafi, P.S - Asthawa, Dist. -
Nalanda
2. Shanshah Baksh @ Shahanshah Baksh S/o Anzar Baksh R/o village - Mafi,
P.S - Asthawa, Dist. - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Manoj Kumar, Advocate
For the State : Mr. Bharat Bhushan, APP
For the Informant : Md. Ataul Haque, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 Heard learned senior counsel appearing on behalf of
the petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 115(2),
126(2), 352, 351(2), 109 and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that on
21.07.2025, when the informant was returning home along with
his family members, in the meantime, all the F.I.R. named
accused persons, including these petitioners, abused and
Patna High Court CR. MISC. No.72343 of 2025(3) dt.15-01-2026
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assaulted them due to which they sustained injuries.
4. It is submitted by learned senior counsel appearing
on behalf of the petitioners that petitioners are quite innocent
and have committed no offence. Both parties are Gotiya and on
account of land dispute, an altercation took place between the
parties in which both sides sustained injuries. There is case and
counter-case. Allegation of assault is general and omnibus and
no specific accusation of overt act has been alleged against these
petitioners. Doctor has found the injuries, allegedly caused by
these petitioners, simple in nature.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the
case, relationship between the parties, case and counter-case,
general and omnibus nature of accusation and nature of injuries
sustained by the injured, the prayer for grant of anticipatory bail
to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.72343 of 2025(3) dt.15-01-2026
3/3
amount each to the satisfaction of learned Judicial Magistrate-1 st
Class, Biharsharif, Nalanda in connection with Asthawa P.S.
Case No. 254 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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