Patna High Court

Md. IrshadversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The court held that, given the civil character of the dispute and the petitioners' clean antecedent, anticipatory bail under Section 482(2) of the BNSS was warranted.

Summary

Petitioners Md. Irshad and his wife Kajal Khatoon sought anticipatory bail fearing arrest in connection with FIR No. 83 of 2025, which alleged offences under sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the BNS. The informant, who is the wife of the petitioners' brother’s wife, claimed the dispute stemmed from a property transfer favouring the petitioners, indicating a civil dispute. The alleged assault on the informant’s husband was attributed to a co‑accused, Md. Naushad, who had already been granted regular bail. The petitioners emphasized their clean antecedents and youth. The court, noting the civil nature of the underlying issue and the lack of direct involvement of the petitioners in the alleged assault, granted anticipatory bail under Section 482(2) of the BNSS, subject to a bail bond of Rs. 20,000 and two sureties each, to be filed within six weeks of arrest.

Issues considered

Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS in view of the FIR.
Whether the civil nature of the property dispute negates the necessity of criminal prosecution against the petitioners.

Subjects

anticipatory bail
civil dispute
property transfer
criminal procedure
Section 482
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7704 of 2026
                         Arising Out of PS. Case No.-83 Year-2025 Thana- FALKA District- Katihar
                 ======================================================
           1.     Md. Irshad, S/o Late Md. Islam Resident of Village- Manjhadiyara, P.S.
                  -Falka,District- Katihar
           2.    Kajal Khatoon, W/o Md. Irshad, Resident of Village- Manjhadiyara, P.S.
                 -Falka,District- Katihar.

                                                                                    ... ... Petitioner/s

                                                        Versus


                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bimal Kumar, Adv.
                 For the Informant        :        Mr. Surya Narain Yadav, Adv.
                 For the State            :        Mr. Jharkhandi Upadhyay, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                   1.       Heard the parties.

                                 2.      The petitioners apprehend their arrest in

                   connection with Falka P. S. Case No. 83 of 2025                            dated

                   04.07.2025 registered for the offence(s) punishable under

                   Section(s) 126(2), 115(2), 118(1), 109, 352 and 3(5) of the

                   BNS.

                                 3.     The main submissions advanced by the learned

                   counsel for the petitioners are that the informant is the wife of

                   the brother of the petitioner no.1, the main grievance of the

                   informant relates to the transfer of property by her mother-in-
Patna High Court CR. MISC. No.7704 of 2026(2) dt.24-02-2026
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          law in favour of the petitioner no.1 who happens to be the son

          of the informant's mother-in-law and the genesis of the

          occurrence clearly involves a civil dispute in between both the

          parties and as far as the allegation of assaulting the informant's

          husband is concerned, the same is against co-accused Md.

          Naushad who has already been granted regular bail by the co-

          ordinate bench of this court vide order dated 20.11.2025

          passed in Cr. Misc. No. 74876 of 2025. It is lastly submitted

          that petitioner no. 2 is wife of the petitioner no.1 and both the

          petitioners are young, having fair and clean antecedent.

                       4. Learned counsel appearing for the informant has

          opposed the bail prayer of the petitioners.

                       5. In the facts and circumstance of this case and

          considering the above submissions and petitioners' pleas made

          in their petition as well as the land dispute in between both the

          parties, this court is inclined to grant the relief of anticipatory

          bail to the petitioners. Accordingly, let the petitioners named-

          above, in the event of their arrest/surrender before the learned

          court below within a period of six weeks from today, be

          released on anticipatory bail in connection with Falka P. S.

          Case No. 83 of 2025 on furnishing bail bond of Rs. 20,000/-

          (Rupees Twenty Thousand) each with two sureties of the like
              Patna High Court CR. MISC. No.7704 of 2026(2) dt.24-02-2026
                                                          3/3




                        amount each to the satisfaction of the Court concerned, subject

                        to the conditions as laid down under Section 482(2) of the

                        BNSS.



                                                  (Shailendra Singh, J)

Rajiv/-

U         T

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