Patna High Court
Md. Kasid Ali @ Md. KasidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Considering the nature of injury and the petitioners' clean antecedent, the Court granted anticipatory bail subject to conditions under Section 482 of the Bhartiya Nyaya Sanhita, 2023.
Summary
The petitioners, Md. Kasid Ali and Md. Zishan, sought anticipatory bail fearing arrest in a case arising from a pre‑existing land dispute that led to a melee where the informant was allegedly assaulted with a hockey stick, resulting in simple injury. The FIR charges them under Sections 329(4), 126(2), 115(2), 352, 109 and 3(5) of the Bhartiya Nyaya Sanhita. The informant opposed the bail application. The Court, noting the minor nature of the injury and the petitioners' clean antecedent, ordered that they be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties each, subject to conditions under Section 482 of the B.N.S.S., 2023. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the alleged assault and the charges under the Bhartiya Nyaya Sanhita.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 329(4), 3(5), 352, 482
Subjects
- anticipatory bail
- land dispute
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7336 of 2026
Arising Out of PS. Case No.-1279 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Md. Kasid Ali @ Md. Kasid S/O Mohammad Yasin R/O Village- Bhusunda,
Post- Nauranga, Police Station- Muffasil, District- Gaya.
2. Md. Zishan S/O Md. Bablu R/O Village- Bhusunda, Post- Nauranga, Police
Station- Muffasil, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr.Prem Kumar Jha, APP
Md.Anwar, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 329(4), 126(2), 115(2),
352, 109 & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on account of pre-existing land
dispute between the parties, Maarpeet took place, in which both
sides sustained injuries. Case and counter case. Petitioner no. 1
is alleged to have assaulted informant with hockey stick,
causing simple injury to informant and there is no allegation of
overt act against petitioner no. 2. Petitioners claim clean
antecedent.
Patna High Court CR. MISC. No.7336 of 2026(2) dt.19-02-2026
2/2
4. Learned counsel for the informant has opposed the
prayer for anticipatory bail.
5. Considering the nature of injury and clean
antecedent, 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 amount each to the
satisfaction of learned Chief Judicial Magistrate, Gaya in
connection with Muffasil P.S. Case No. 1279 of 2025, subject to
condition as laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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