Patna High Court
Md. ImtiyazversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is denied where the accused is specifically alleged to have committed a grievous assault, but may be granted to co‑accused absent specific allegations.
Summary
The petitioners, three brothers, sought anticipatory bail in a Biraul police case alleging offences under the Bharatiya Nyaya Sanhita, including assault and threats with a pistol. The FIR alleged that petitioner No.2, who had a prior enmity with the informant, threatened and assaulted the informant causing a grievous head injury, while petitioners No.1 and No.3 were implicated only in a general assault. The court noted that specific allegations of grievous assault were made only against petitioner No.2 and that there was only one injury on the informant, with no allegation against petitioner No.3. Consequently, the court denied anticipatory bail to petitioner No.2 but granted it to petitioners No.1 and No.3, subject to bail bond conditions under Section 482(2) of the Bharatiya Nyaya Sanhita. The order also referenced a prior anticipatory bail order for other co‑accused in a related case.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.2 who is specifically alleged to have committed a grievous assault.
- Whether anticipatory bail can be granted to petitioners No.1 and No.3 in the absence of specific allegations against them.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits selective grant of anticipatory bail in a multi‑accused case.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(2), 126(2), 190, 191(3), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- grievous injury
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8784 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- BIRAUL District- Darbhanga
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1. Md. Imtiyaz S/o Late Jiyaul Haque R/o Vill.- Akarbarpur benk, P.S.- Biraul,
District- Darbhanga
2. Md. Istiyak S/o Late Jiyaul Haque R/o Vill.- Akarbarpur benk, P.S.- Biraul,
District- Darbhanga
3. Md. Shamsad S/o Gulam Hussain R/o Vill.- Akarbarpur benk, P.S.- Biraul,
District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 26-02-2026 Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail,
arises out of Biraul Police Station Case No. 239 of 2025,
disclosing offences under Sections 191(3), 190, 126(2),
115(2), 118(2), 117(2), 109, 352 and 351(2) of Bharatiya
Nyaya Sanhita.
3. The prosecution case, as per the First
Information Report, is that on 05.04.2025 in the evening,
when the informant along with others reached near the
village in a procession, the accused persons intercepted the
Patna High Court CR. MISC. No.8784 of 2026(2) dt.26-02-2026
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informant and others, and Md. Istiyak, i.e., petitioner no. 2,
having a pistol in his hand, threatened to kill. Thereafter
petitioner no. 2 assaulted the co-villagers of the informant.
It has further been alleged that petitioner nos. 1 and 2
assaulted the informant on his head by means of a farsa, due
to which he sustained head injury.
4. Learned counsel for the petitioners submits that
from perusal of the First Information Report, it appears that
there was previous enmity between the informant and the
petitioner no. 2, namely, Md. Istiyak. The allegation of
assault to the informant is against petitioner no. 1 and 2, but
the informant has sustained only one grievous heady injury.
There is no specific allegation of assault against petitioner
no. 3. Some of the co-accused persons have already been
granted anticipatory bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 02.02.2026, passed in Cr.
Misc. No. 85652 of 2025. Counter case has also been filed
by the side of the petitioner no. 1 against the son of the
informant and others bearing Biraul P.S. Case No. 238 of
2025.
5. Regards being had to the submissions made on
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behalf of the parties and taking into consideration the fact
that petitioner no. 2 was having previous enmity with the
informant and there is specific allegation against petitioner
no. 2, who assaulted the informant with farsa along with
petitioner no. 1, causing grievous head injury and according
to the petitioner there is only one injury on the head of the
informant, I am not inclined to grant anticipatory bail to
petitioner no. 2 and the same is rejected.
6. This application is, accordingly, rejected for
petitioner no. 2.
7. Having regard to the fact that some of the
accused person have been granted anticipatory bail, there is
only one injury on the head of the informant, no specific
allegation is there against petitioner no. 3, I am inclined to
grant the privilege of anticipatory bail to petitioner nos. 1 and 3.
8. This application is, accordingly, allowed for
petitioner nos. 1 and 3.
9. Let the petitioner Nos. 1 and 3, above named,
in the event of their arrest or surrender before the Court
below within four weeks, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two
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sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-1, Biraul,
District Darbhanga, in connection with Biraul Police Station
Case No. 239 of 2025, subject to the condition laid down
under Section 482 (2) of the B.N.S.S
(Anil Kumar Sinha, J)
Siwani/-
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