Md. Peshkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34685 of 2026 Arising Out of PS. Case No.-292 Year-2025 Thana- BARARI District- Katihar ====================================================== Md. Peshkar S/o Late Naimuddin R/o Marpa Balua, Ward No. 03, Sujapur, P.S.- Barari, Distt.- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 19-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Barari P.S. Case No. 292 of 2025 dated 10.09.2025 registered for the offences punishable under Section 126(2), 115(2), 118(2), 109, 74, 76, 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the allegation, on the question of irrigation of land dispute, co-accused Md. Atabur caught hold both the hands of the informant, while this petitioner is alleged to have assaulted the informant on the head with a sickle, injuring him. It has further been alleged that when wife of the informant came to rescue, then co-accused Mister assaulted her and co-accused Md. Afjal pulled the informant's sari, due to which she became semi-

Patna High Court CR. MISC. No.34685 of 2026(2) dt.19-05-2026 2/3 naked and the co-accused Md. Moti abused the father of the informant and also assaulted him with a lathi.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It has further been submitted that there is delay of three days in lodging the FIR and referring to the injury report of the informant, as annexed as Annexure-2, it has been submitted that the injury sustained by the informant is opined to be simple in nature, caused by hard and blunt substance and the same does not corroborate the allegation. It has further been submitted that there is no injury report of the father of the informant on record. It has lastly been submitted that the petitioner has got no criminal antecedent.

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

6. Heard the parties and perused the record.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,

Patna High Court CR. MISC. No.34685 of 2026(2) dt.19-05-2026 3/3 Katihar, in connection with Barari P.S. Case No. 292 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T