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2026 DAILYLAW 12424 (PAT)

Md. Riyajul @ Sarvar @ Sukhar v. The State of Bihar

CR. MISC./12358/2026 · 2026-02-24

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12358 of 2026 Arising Out of PS. Case No.-117 Year-2024 Thana- Akbarpur District- Purnia ====================================================== 1. Md. Riyajul @ Sarvar @ Sukhar S/o Shekh Jahawi @ Shekh Jahani R/o Village - Banki, P.S - Akabarpur, District - Purnea 2. Md. Imadad S/o Yusuf @ Shekh Yusuf R/o Village - Banki, P.S - Akabarpur, District - Purnea 3. Md. Khalid Raza @ Md. Khalid S/o Riyazul @ Sarvar @ Sukhar R/o Village - Banki, P.S - Akabarpur, District - Purnea 4. Md. Ragiv @ Md. Rajesh S/o Md. Riyajul @ Sarvar @ Sukhar R/o Village - Banki, P.S - Akabarpur, District - Purnea 5. Imtiyaz Ali @ Imitiyaz @ Md. Imtiyaz S/o Yusuf @ Shekh Yusuf R/o Village - Banki, P.S - Akabarpur, District - Purnea 6. Md. Diwan @ Md. Deewan Alam S/o Md. Riyajul @ Sarwar @ Sukhur R/o Village - Banki, P.S - Akabarpur, District - Purnea ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 24-02-2026 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 352, 351(2), 303(2), 109, 3(5) of the Bharatiya Nyaya Sanhita. 3. As per F.I.R., all the named accused persons, including these petitioners, variously armed, entered the house of informant and assaulted informant and his family members Patna High Court CR. MISC. No.12358 of 2026(2) dt.24-02-2026 2/3 by means of iron rod, etc. as a result of which informant and five others sustained injuries. It is further alleged that the accused persons also committed theft of cash of Rs. 50,000/-, ornaments worth Rs. 1 lac and other household articles. 4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have committed no offence. Petitioners have falsely been implicated in this case due to land dispute. 5. Learned counsel for the State opposed the bail application and submits that injury caused by petitioner no. 6 is grievous. 6. In view of the fact that petitioner No. 6 caused grievous injury, prayer for anticipatory bail of petitioner No. 6 is refused. 7. However, considering the nature of accusation against petitioner Nos. 1 to 5 the anticipatory bail with regard to petitioner Nos. 1 to 5 is allowed and it is ordered that the above named petitioner Nos. 1 to 5 in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 Chief Judicial Magistrate, Patna High Court CR. MISC. No.12358 of 2026(2) dt.24-02-2026 3/3 Purnea in connection with Akbarpur P. S. Case No. 117 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Navya/- (Prabhat Kumar Singh, J) U T