Patna High Court
MD. FAIZ ALAMversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court ordered that pre‑arrest bail be granted conditionally if the injuries are deemed simple, otherwise the petitioners must surrender and seek regular bail.
Summary
The petitioners, six individuals from Chausa village, were charged under Sections 115(2), 126(2), 303(2), 351(2), 352 and 118(1) of the Bihar Penal Code for allegedly assaulting an informant and her family during a land‑dispute altercation. They claimed the injuries inflicted were minor, occurred in self‑defence, and that they have clean antecedents, seeking pre‑arrest bail. The State opposed the bail on the ground of the seriousness of the offences. The High Court directed the district court to obtain a medical opinion on the nature of the injuries; if the injuries are found to be simple, the petitioners are to be released on pre‑arrest bail, otherwise they must surrender and apply for regular bail. The petition was consequently disposed of.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious charges under the Bihar Penal Code.
- Whether the nature of the injuries (simple or grievous) influences the grant of pre‑arrest bail.
- Whether the allegations of self‑defence are sufficient to merit bail.
Subjects
- pre‑arrest bail
- assault
- self‑defence
- land dispute
- injury assessment
- Bihar Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87062 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- CHAUSA District- Madhepura
======================================================
1. MD. FAIZ ALAM S/o- Md. Kamal Hazi R/v- Chausa Ps- Chausa Dist-
Madhepura
2. Md. Irshad S/o- Md. Khurshid Alam R/v- Chausa Ps- Chausa Dist-
Madhepura
3. Md. Guljar S/o- Md. Faiz Alam R/v- Chausa Ps- Chausa Dist- Madhepura
4. Md. Afroj S/o- Md. Mosim R/v- Chausa Ps- Chausa Dist- Madhepura
5. Heena Praveen @ Hena Khatoon @ Hena Praveen W/o- Md. Afroz R/v-
Chausa Ps- Chausa Dist- Madhepura
6. Keshwari Khatoon W/o- Md. Faiz Alam R/v- Chausa Ps- Chausa Dist-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Nafisu Zzoha, learned counsel appearing
on behalf of the petitioners and Mr. Ajay Kumar No. 2, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Chausa P.S. Case No. 84 / 2025 registered for the
offence(s) punishable under Sections
115(2),126(2),303(2),351(2),352,118(1), of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners assaulted the
Patna High Court CR. MISC. No.87062 of 2025(2) dt.28-01-2026
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informant and her family members, causing injuries to them.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. There is case and
counter case between the parties and due to land dispute, an
altercation took place and both the sides entered into fierce fight
and in the self-defence, petitioners may have caused some injury
on the persons of the informant and her family members
without intention. The injury sustained by the injured persons is
simple in nature. Petitioners have clean antecedents. On these
grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the
allegation made in the FIR, the learned District Court is
directed to call for the final opinion of the doctor
in respect of the injury sustained by the injured persons
and if it is found that the same is simple in nature, then in
that case, the petitioners, above named, are directed to be
released on pre-arrest bail, in connection with Chausa P.S.
Case No. 84 / 2025 on such terms and conditions as the learned
Patna High Court CR. MISC. No.87062 of 2025(2) dt.28-01-2026
3/3
District Court deems it fit and proper.
7. In case, the injury sustained by the injured persons
is grievous in nature and attributable to the petitioners, then in
that case, the petitioners are directed to surrender and seek
regular bail before the learned district court.
8. The present petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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