Patna High Court
Md. AnwarulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, subject to conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioners, Md. Anwarul and Md. Irfan, were arrested in connection with a violent dispute over grazing rights, facing multiple serious charges under the Bihar Negotiable Statutes, 2023. They claimed innocence, arguing that the allegations against them were non‑specific and that no injury was proven against the informant’s daughter. The prosecution opposed bail, while the petitioners highlighted their clean antecedent and the existence of a counter‑case. The court considered the charge sheet, the lack of specific evidence, the length of custody, and the petitioners’ clean record. It ordered that both petitioners be released on bail with a bond of Rs.10,000 each, subject to conditions under Section 480(3) of the BNSS and additional safeguards.
Issues considered
- Whether bail should be granted despite the petitioners being charged with multiple serious offences under the BNS, 2023.
- Whether the allegations against the petitioners are sufficiently specific to justify continued detention.
- Whether the petitioners’ clean antecedent and the existence of a counter‑case warrant bail.
- Application of Section 480(3) of the BNSS in imposing bail conditions.
Subjects
- bail
- criminal procedure
- assault
- non‑specific allegations
- clean antecedent
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72956 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
1. Md. Anwarul, S/o Md. Kafil
2. Md. Irfan, S/o Md. Kafil
Both are residents of vllage- Thari Dhadtta, Ward No. 04, P.S.- Kishanpur,
District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Kishanpur P.S. Case No. 90 of 2025, registered
for the offences under Sections 126(2), 115(2), 118(1),117(2),
74, 109, 303(2), 351(2), 352 and 3(5) of BNS, 2023.
3. As per prosecution case, the petitioners and other
co-accused persons assaulted the informant and her family
members causing a number of injuries to them. The occurrence
took place in the background of patty dispute over grazing of
plant by a goat of the informant.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.72956 of 2025(3) dt.07-01-2026
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petitioners are innocent and have been falsely implicated in this
case. There is no specific allegation of assault against the
petitioner Md. Irfan and allegation against the petitioner Md.
Anwarul is for assaulting the daughter of the informant on her
head with iron rod, but from the rejection order of the bail
petition of the petitioners, it appears there was no injury
sustained by the daughter of the informant namely Kashmira
Khatoon. There is counter case bearing Kishanpur P.S. Case No.
94 of 2025 lodged by one Farzana Khatoon of petitioners side
against a number of persons of informant side with similar type
of allegations. The petitioners are in custody since 12.06.2025
and are having clean antecedent. The charge sheet has been
submitted.
5. Learned A.P.P. vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
case and counter case of the parties and further considering the
non-specific nature of allegation against the petitioners and also
considering the submission of charge sheet, period of custody of
the petitioners and their clean antecedent, the petitioners are
directed to be released on bail, on furnishing bail bonds of
Patna High Court CR. MISC. No.72956 of 2025(3) dt.07-01-2026
3/3
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Supaul/concerned court, in connection with
Kishanpur P.S. Case No. 90 of 2025, subject to the conditions
mentioned in Section 480 (3) of BNSS and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the below, if
so required by the learned trial court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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