Sk. Kalu @ Sajid @ Sajed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35613 of 2026 Arising Out of PS. Case No.-254 Year-2025 Thana- PRANPUR District- Katihar ====================================================== Sk. Kalu @ Sajid @ Sajed S/o Sk Rashid Resident of Village - Siktia, P.S. -Azamnagar, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 21-05-2026 The matter has been taken up today through video conferencing.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. The petitioner is apprehending his arrest in connection with Pranpur PS Case No 254 of 2025 registered for the offence punishable under Sections 126 (2), 115 (2), 352, 3
(5) of the BNS and Sections 25 (I-B) (a), 26, 35 of the Arms Act.
4. As per the allegation, the petitioner and co-accused persons abused and assaulted the informant party. It has been alleged that in course of the said occurrence of abuse and assault, co-accused Sheikh Rabbani attacked Md Kalam with a country made pistol. Thereafter, co-accused persons Sheikh
Patna High Court CR. MISC. No.35613 of 2026(2) dt.21-05-2026 2/3 Rabbani, Sheikh Hasib and Sheikh Dilbar were apprehended. It has further been alleged that one country made pistol was recovered from the possession of Sheikh Rabbani.
5. Learned counsel for the petitioner has submitted that there is case and counter case between the parties and from the narration in the FIR itself, it would be clear that there is serious land dispute between the parties. It has further been submitted that the offences of BNS are bailable in nature and no offence under the Arms Act is made out against the petitioner as the petitioner is not alleged to have having a firearm in his possession at the time of occurrence. It has lastly been submitted that the petitioner has been made accused in two other cases but not of similar nature and he is on bail in those cases.
6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. 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.35613 of 2026(2) dt.21-05-2026 3/3 Katihar, in connection with Pranpur PS Case No 254 of 2025 subject to the conditions as laid down under Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita.
9. This application stands allowed.
(Praveen Kumar, J) M.E.H./- U