Patna High Court
Sheikh Anwar @ Anvar Hussain @ Anwar HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court allowed the anticipatory bail application, granting bail subject to statutory conditions.
Summary
On 29 July 2025, the informant and her son were allegedly assaulted by four accused while traveling on a bike, resulting in injuries to the informant's knees and the son’s injuries from a sword and iron rod. The accused filed an anticipatory bail application, claiming they were falsely implicated and that a prior dispute and counter‑case existed between the parties, with the petitioners sustaining grievous injuries while the informant’s injuries were simple. The informant opposed the bail, emphasizing specific allegations of assault under multiple IPC sections. The Court noted the existence of a case‑and‑counter‑case, the relative seriousness of injuries, and the statutory provisions governing anticipatory bail. Accordingly, the Court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the accused despite allegations of assault under various IPC sections
- Whether the existence of a case and counter‑case and the nature of injuries affect the grant of anticipatory bail
Legislation cited
- Bihar Negotiable Security Act, 2023 — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 303(2), 308(4), 324(2), 74
Subjects
- anticipatory bail
- assault
- case and counter case
- injury severity
- Section 438 CrPC
- Section 482 BNSS
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12685 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
1. Sheikh Anwar @ Anvar Hussain @ Anwar Hussain S/O Muksud R/O
Madhupur Shekh Toli Ward no. 07, P.S.- Majhauliya, Dist.- West
Champaran.
2. Shahnwaz Alam @ Sahnawaj Alam S/O Suman Hussain R/O Madhupur
Shekh Toli Ward no. 07, P.S.- Majhauliya, Dist.- West Champaran.
3. Aashik Alam S/O Suman Hussain R/O Madhupur Shekh Toli Ward no. 07,
P.S.- Majhauliya, Dist.- West Champaran.
4. Saddam Hussain S/O Jahir Hussain R/O Madhupur Shekh Toli Ward no. 07,
P.S.- Majhauliya, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Pandey, Advocate
For the Informant : Mr. Satyam Kr. Ojha, Advocate
For the State : Md. Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioners as well
as the informant and learned Additional Public Prosecutor for
the State.
2. This application, for grant of anticipatory bail,
arises out of Majhauliya Police Station Case No. 507 of 2025,
disclosing offences under Sections 190, 191(2), 191(3), 126(2),
115(2), 303(2), 74, 109(1), 324(2), 308(4) of the BNS.
3. As per the prosecution case, on 29.07.2025, at
about at about 11:00 am, while the informant was going towards
her parental house from her matrimonial house, with her son on
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a bike, the accused persons stopped the bike. Co-accused
persons assaulted the informant on her head with iron rod and
the petitioner nos. 1, 2 and 3 caught hold her hair and pulled her
on the ground, due to which she sustained injury on her knees. It
has further been alleged that petitioner no. 4 along with co-
accused persons, assaulted son of the informant by sword and
iron rod.
4. Learned Counsel for the petitioners submits that
the petitioners have falsely been implicated in the present case.
He further submits that both the parties are co-villagers and
there is previous dispute between them. Case and counter case
have been lodged and petitioners’ side has lodged Majhauliya
P.S. Case No. 502 of 2025 against the informant and her family
members. It has further been submitted that both the sides have
sustained injuries but injuries sustained by petitioners’ side are
grievous in nature whereas informant and her son have
sustained simple injuries.
5. Learned counsel for the informant vehemently
opposed the prayer for anticipatory bail of the petitioners and
submitted that there is specific allegation against the petitioners
that they assaulted the informant and her son and both have
received injuries, though the same are simple in nature.
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6. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
there is case and counter case between the parties, both sides
have sustained injuries and the injuries sustained by informant’s
side are simple in nature, I am inclined to grant the petitioners
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, 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 sureties of the like
amount each to the satisfaction of learned C.J.M., Bettiah, West
Champaran, in connection with Majhauliya Police Station Case
No. 507 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
priyanka/-
U T
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