Patna High Court
Md. Rehan @ Rihan @ Md. RihanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, five men from Araria, were arrested in connection with a land‑dispute‑related assault case (Sikty P.S. Case No.100 of 2024) involving offences under several sections of the Indian Penal Code. They argued that the FIR was omnibus, no specific allegation linked them to the injuries, and that the injuries were simple, arising from a mutual fight over land ownership. The State opposed bail, emphasizing the number of injured persons and the petitioners' active participation. The Court considered the genesis of the dispute, the simple nature of injuries, and the petitioners' clean antecedent, and decided to grant bail subject to a bond and surety conditions. The bail order also imposed a condition under Section 482(2) of the BNSS and required a close family member as one of the bailors.
Issues considered
- Whether bail should be granted to the accused despite charges under Sections 341, 323, 324, 354B, 427, 307, 379, 504, 506 and 34 of the IPC.
- Whether the nature of injuries and the land‑dispute context justify bail.
- Whether the petitioners have a fair antecedent that warrants bail.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341, 354B, 379, 427, 504, 506
Subjects
- bail
- land dispute
- assault
- IPC
- simple injuries
- fair antecedent
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91206 of 2025
Arising Out of PS. Case No.-100 Year-2024 Thana- SIKTI District- Araria
======================================================
1. Md. Rehan @ Rihan @ Md. Rihan S/o Md. Farooque R/o Village - Aambari,
Ward no. 12, P.S - Sikty, District - Araria
2. Md. Hasib @ Hasib S/o Late Kamruddin R/o Village - Aambari, Ward no.
12, P.S - Sikty, District - Araria
3. Md. Iliyash S/o Late Kamruddin R/o Village - Aambari, Ward no. 12, P.S -
Sikty, District - Araria
4. Md. Quayum @ Abdul Qaiyum S/o Late Kamruddin R/o Village - Aambari,
Ward no. 12, P.S - Sikty, District - Araria
5. Md. Hatim @ Hatim S/o Late Kamruddin R/o Village - Aambari, Ward no.
12, P.S - Sikty, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State.
2. The petitioners apprehend their arrest in connection
with Sikty P.S. Case No.100 of 2024 registered for the offences
punishable under Sections 341, 323, 324, 354B, 427, 307, 379,
504, 506/34 of the Indian Penal Code.
3. Allegedly, on the fateful day, while the cattle were
grazing in the field of the informant, she caught hold one of the
cattle and brought to her house, which infuriated the accused
Patna High Court CR. MISC. No.91206 of 2025(2) dt.15-01-2026
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persons, who variously armed rushed to the house of the
informant and brutally assaulted by means of lathi, danda and
iron rod, due to which seven persons were sustained injuries,
including the informant.
4. Learned Advocate for the petitioners, taking this
Court through the FIR, contended that save and except the
omnibus nature of allegation, there is no material on record nor
any injured persons have disclosed that the petitioners have
specifically assaulted them. The genesis of the occurrence is a
land dispute and both the parties are claiming ownership over
the land in question, which resulted into a free fight, wherein
persons of both the sides have sustained injuries, besides
lodging of the case and counter case being Sikty P.S. Case
No.98 of 2024, which is on the earlier point of time. The injury
report of all the injured have been placed on record as
Annexure-P/3 series. Referring thereto, it is submitted that all
the injured have sustained simple injuries. It is lastly contended
that be that as it may, the petitioners are the men of fair
antecedent and they undertake that they will fully cooperate in
the proceedings of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that in
Patna High Court CR. MISC. No.91206 of 2025(2) dt.15-01-2026
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the said occurrence, altogether seven persons have sustained
injuries and the petitioners have actively participated in the
crime.
6. Having considered the submissions set forth by the
learned Advocate for the respective parties and considering the
genesis of the occurrence, besides the factum of case and
counter case as well as the simple nature of injuries and the fair
antecedent of the petitioners, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
each with two sureties of the like amount each to the satisfaction
of learned Judicial Magistrate 1st Class/Successor Court, Araria
in connection with Sikty P.S. Case No.100 of 2024, subject to
the condition as laid down under Section 482(2) of the BNSS,
with further condition that one of the bailors shall be the
own/close family members of the petitioners.
(Harish Kumar, J)
rohit/-
U T
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