Md. Jakir @ Md. Zakir Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Md. Jakir @ Md. Zakir Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all four petitioners: in the event of arrest/surrender within eight weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Sadar P.S. Case No. 318 of 2025, subject to conditions under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioners, who apprehend arrest in Sadar P.S. Case No. 318 of 2025 (Darbhanga) for offences under Sections 126(2), 115(2), 109, 351(2), 352, 303(2) and 3(5) of the B.N.S., should be granted anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the case and counter-case between the parties, the nature of injuries sustained by the injured and the clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Ratio / Principle

In the event of arrest/surrender within a period of eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Sadar P.S. Case No. 318 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J.) allowed the prayer of four petitioners apprehending arrest in Sadar P.S. Case No. 318 of 2025, Thana Darbhanga Sadar, for offences punishable under Sections 126(2), 115(2), 109, 351(2), 352, 303(2) and 3(5) of the B.N.S. Taking into account the case and counter-case arising out of a long-standing land dispute between the parties, the simple nature of the injuries allegedly caused by the petitioners, and their claimed clean antecedents, the Court directed that in the event of arrest/surrender within eight weeks the petitioners be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8656 of 2026

Arising Out of PS. Case No.-318 Year-2025 Thana- DARBHANGA SADAR DistrictDarbhanga

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Md. Jakir @ Md. Zakir Son of Late Id Mohammad R/o village - Loam, P.S.Sadar, District - Darbhanga

Md. Tamanna @ Tamana @ Tamna Son of Md. Jakir @ Md. Zakir R/o village - Loam, P.S.- Sadar, District - Darbhanga

Md. Murtuza @ Md. Murturza Son of Late Phul Hassan @ Late Md. Pul Hasan @ Late Ful Hasan R/o village - Loam, P.S.- Sadar, District - Darbhanga

Md. Munna @ Munna Son of Late Phul Hassah @ Late Md. Pul Hasan @ Late Ful Hasan R/o village - Loam, P.S.- Sadar, District - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner : Mr. Jitendra Kumar Bharti, Advocate Ms. Nitu Kumari, Advocate For the State : Mr. Umeshanand Pandit, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 23-02-2026

Heard Mr. Jitendra Kumar Bharti, learned counsel appearing on behalf of the petitioners and Mr. Umeshanand Pandit, learned APP appearing on behalf of the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 351(2), 352, 303(2) and 3(5) of the B.N.S..

As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, assaulted informant with dagger and iron rod.

Patna High Court CR. MISC. No.8656 of 2026(2) dt.23-02-2026 2/3

It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of long standing land dispute between the parties, maar-peet took place in which both sides sustained injuries. There is case and counter-case. Doctor has found the injuries, allegedly caused by these petitioners, simple in nature. Petitioners claim clean antecedents.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

Considering the facts and circumstances of the case, case and counter-case between the parties, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No.

Patna High Court CR. MISC. No.8656 of 2026(2) dt.23-02-2026 3/3

318 of 2025, subject to condition as laid down under Section

482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J)

shashank/-

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