Created by Fuzzy Cloud

Patna High Court

Md. BabarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 27
  • B.N.S. — s. 115(2), 118(2), 126(2), 3(5), 351(2), 352, 482(2), 74

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.