Patna High Court
Md. Dablu Khan @ Md. Irfan KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Md. Dablu Khan, applied for anticipatory bail in a case (Wazirganj Police Station Case No. 463 of 2025) alleging offences under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The FIR alleges that the petitioner, along with others, assaulted the informant’s brother with an iron rod during a dispute over drainage between co‑sharers. The petitioner contended that the injury was simple, the dispute was a civil co‑ownership issue, and a counter‑case had also been filed against the informant. The court, considering the nature of the injury, the existence of a civil dispute, and the counter‑case, was inclined to grant anticipatory bail. Accordingly, the court allowed the application, directing the petitioner to surrender within four weeks and obtain bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner despite the serious charges under the B.N.S. and Arms Act?
- Whether the civil nature of the co‑ownership and drainage dispute influences the grant of anticipatory bail.
- Whether the simple nature of the alleged injury justifies bail under Section 482(2) of the B.N.S.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 126, 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- co‑ownership dispute
- drainage dispute
- simple injury
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88759 of 2025
Arising Out of PS. Case No.-463 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Md. Dablu Khan @ Md. Irfan Khan Son of Kailu Khan Resident of Village -
Dedaur, Police Staton - Wazirganj, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Wazirganj Police Station Case No. 463 of 2025,
disclosing offences under Sections 126, 115(2), 118(1), 118(2),
109, 352, 351(2) and 3(5) of B.N.S., 2023 and Section 27 of
Arms Act.
3. The prosecution case, as per the First Information
Report, is that Sabir Khan @ Guddu Khan, informant, has
alleged that on 12.07.2025 at about 10:30 P.M., while the
informant was sleeping with his family members in his house,
the petitioner along with accused persons arrived at the house of
the informant, started knocking the door and making noise.
When the informant and his brother came out of the house, all
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the accused persons, having gadasa,, iron-rod etc., started
assaulting the informant and his brother. It has further been
alleged that the petitioner assaulted the brother of the informant
with iron rod.
4. Learned counsel for the petitioner submits that both
the parties are co-sharers, having dispute regarding drainage.
Referring to Annexure-3, which is injury report of the
informant’s brother, learned counsel submits that injury
sustained by informant’s brother is simple in nature and the
allegation of assault upon informant’s brother is attributable to
the petitioner. A counter case has been filed by the petitioner
against the informant and others in which the petitioner has also
sustained simple injury.
5. Regards being had to the submissions made by
the parties and taking into consideration the fact that both the
parties are co-sharers, having drainage dispute, case and counter
case is there and the injury sustained by the victim, is simple in
nature, I am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
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released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, First Class Gaya, in
connection with Wazirganj Police Station Case No. 463 of 2025,
subject to the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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