Patna High Court

Md. Jakir @ Md. ZakirversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court allowed the petitioners' application for anticipatory bail.

Summary

The petitioners, four individuals from Loam village, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. for alleged assault with a dagger and iron rod. The prosecution alleged that the petitioners participated in a violent incident arising from a long-standing land dispute, resulting in injuries to the informant. The petitioners contended they were innocent, highlighting a case‑and‑counter‑case scenario, minor nature of injuries, and their clean antecedents. The State opposed the bail application. Considering the disputed facts, the minor injuries, and the petitioners' clean records, the court granted anticipatory bail, directing them to furnish a bail bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioners are entitled to anticipatory bail in view of the allegations under Sections 126(2), 115(2), 109, 351(2), 352, 303(2) and 3(5) of the B.N.S.
Whether the circumstances, including the land‑dispute background and the petitioners' clean antecedents, justify the grant of bail

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
criminal law
land dispute
assault
clean antecedents
Section 482
Section 438
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.8656 of 2026
                    Arising Out of PS. Case No.-318 Year-2025 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
           1.     Md. Jakir @ Md. Zakir Son of Late Id Mohammad R/o village - Loam, P.S.-
                  Sadar, District - Darbhanga
           2.    Md. Tamanna @ Tamana @ Tamna Son of Md. Jakir @ Md. Zakir R/o
                 village - Loam, P.S.- Sadar, District - Darbhanga
           3.    Md. Murtuza @ Md. Murturza Son of Late Phul Hassan @ Late Md. Pul
                 Hasan @ Late Ful Hasan R/o village - Loam, P.S.- Sadar, District -
                 Darbhanga
           4.    Md. Munna @ Munna Son of Late Phul Hassah @ Late Md. Pul Hasan @
                 Late Ful Hasan R/o village - Loam, P.S.- Sadar, District - Darbhanga

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :      Mr. Jitendra Kumar Bharti, Advocate
                                                Ms. Nitu Kumari, Advocate
                 For the State           :      Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                    Heard Mr. Jitendra Kumar Bharti, learned counsel

                   appearing on behalf of the petitioners and Mr. Umeshanand

                   Pandit, learned APP appearing on behalf of the State.

                                  2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 351(2), 352, 303(2) and 3(5) of the B.N.S..

                                  3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   assaulted informant with dagger and iron rod.
Patna High Court CR. MISC. No.8656 of 2026(2) dt.23-02-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, on account of

          long standing land dispute between the parties, maar-peet took

          place in which both sides sustained injuries. There is case and

          counter-case. Doctor has found the injuries, allegedly caused by

          these petitioners, simple in nature. Petitioners claim clean

          antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, case and counter-case between the parties, nature of

          injuries sustained by the injured and clean antecedents of the

          petitioners, 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

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Darbhanga in connection with Sadar P.S. Case No.
             Patna High Court CR. MISC. No.8656 of 2026(2) dt.23-02-2026
                                                         3/3




                       318 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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