Patna High Court
Md. BabarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner, subject to a bail bond, sureties, and verification of any other pending cases.
Summary
The petitioner, Md. Babar, was named in FIR No. 82 of 2025 for alleged assault and related offences arising from a land dispute, with charges under several sections of the B.N.S. and Section 27 of the Arms Act. He claimed the incident was a self‑defence reaction during a fierce fight and asserted his innocence, emphasizing a clean criminal record. The State opposed the grant of pre‑arrest bail, arguing the seriousness of the offences. The Court examined the facts, noting the existence of a case‑and‑counter‑case, the petitioner’s lack of prior convictions, and the prima facie nature of his claim of self‑defence. Consequently, the Court held that the petitioner was entitled to pre‑arrest bail, subject to a bond and sureties, and directed verification of any other pending cases. The order also invoked Section 482(2) of the B.N.S. to condition the bail on compliance with procedural safeguards.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case involving multiple serious offences arising from a land dispute
- Whether the petitioner’s claim of self‑defence and clean antecedent justify the grant of bail
Legislation cited
Subjects
- pre‑arrest bail
- self‑defence
- land dispute
- criminal antecedent
- Section 482(2) of B.N.S.
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87089 of 2025
Arising Out of PS. Case No.-82 Year-2025 Thana- BARHARA KOTHI District- Purnia
======================================================
Md. Babar, aged about 30 years (male) Son of Md. Samim @ Md. Shamim
Akhtar, Resident of Village- Bhadaul, P.S- Madhepura, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikram Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-01-2026 Heard Mr. Vikram Singh, learned counsel appearing
on behalf of the petitioner and Mr. Ram Anurag Singh, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Kothi P.S. Case No. 82 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(2), 74, 351(2),
352, 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, petitioner
along with other co-accused persons had entered into the house
of the informant and had assaulted him and his family members
causing injuries. FIR is against 17 known accused persons
including the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and have falsely
Patna High Court CR. MISC. No.87089 of 2025(2) dt.16-01-2026
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been implicated in the present case. Both the parties were
involved in dispute with respect to a piece of land, due to which,
an altercation took place and both the sides entered into fierce
fight and in the self-defence, petitioner may have caused some
injury to the persons of the informant, without intention. There
is case and counter case between the parties. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that both the parties were
involved in dispute with respect to a piece of land, due to which,
an altercation took place and both the sides entered into fierce
fight and in the self-defence, petitioner may have caused some
injury to the persons of the informant, without intention. There
is case and counter case between the parties. Petitioner has clean
antecedent. I am of the opinion that petitioner has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
Patna High Court CR. MISC. No.87089 of 2025(2) dt.16-01-2026
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four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Kothi P.S. Case No. 82 of
2025, subject to the condition as laid down under Section 482(2)
of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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