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 ====================================================== 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 2/4 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 Patna High Court CR. MISC. No.8784 of 2026(2) dt.26-02-2026 3/4 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 Patna High Court CR. MISC. No.8784 of 2026(2) dt.26-02-2026 4/4 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 Siwani/- (Anil Kumar Sinha, J) U T