Patna High Court
Sheikh Afroz @ Afroz AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The court granted anticipatory bail to petitioners 2‑5 and dismissed the application of petitioner 1 as withdrawn.
Summary
The petitioners, five residents of Mathurapur, filed an anticipatory bail application fearing arrest in Piprakothi P.S. Case No. 372 of 2025, which alleged assault during a land dispute. The prosecution alleged that petitioner No. 2 Noor Mohammad and others assaulted the informant and his brother, causing grievous injuries, while petitioner No. 1 was also implicated. The petitioners contended they were innocent, that the FIR was lodged after an unreasonable delay, that no injury was proved on the brother, and that the case was a retaliatory suit. The court permitted the withdrawal of the anticipatory bail application of petitioner No. 1 and, after noting the non‑specific nature of the allegations and the possibility of false accusation, granted anticipatory bail to petitioners 2‑5 subject to bail bonds and conditions under Section 482(2) of the B.N.S.S. The order directs the bail‑holders to appear before the trial court within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the allegations of assault
- Whether the anticipatory bail application of petitioner No. 1 can be withdrawn
- Whether the allegations are specific enough to deny bail under Section 482(2)
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- section 482
- land dispute
- assault
- false accusation
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21549 of 2026
Arising Out of PS. Case No.-372 Year-2025 Thana- PIPRAKOTHI District- East Champaran
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1. Sheikh Afroz @ Afroz Ahmad son of Sheikh sahid Resident Of Village
-Mathurapur Mathgopal Piprakothi Ps -Turkauliya District -East Champaran
Bihar
2. Noor Mohammad @ Noor Mohoonnad Son of Sheikh Sahid Resident Of
Village -Mathurapur Mathgopal Piprakothi Ps -Turkauliya District -East
Champaran Bihar
3. Asgar Ali Son of Usman Miya Resident Of Village -Mathurapur Mathgopal
Piprakothi Ps -Turkauliya District -East Champaran Bihar
4. Md. Hasim Son of Usman Miya Resident Of Village -Mathurapur
Mathgopal Piprakothi Ps -Turkauliya District -East Champaran Bihar
5. Md. Kasim son of Usman Miya Resident Of Village -Mathurapur Mathgopal
Piprakothi Ps -Turkauliya District -East Champaran Bihar
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Sanjay Kumar Tiwari, Advocate
For the State : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. After some arguments, learned counsel for the
petitioners seeks permission to withdraw the anticipatory bail
application with respect to petitioner no. 1, namely Sheikh Afroz
@ Afroz Ahmad.
3. Permission, as prayed for, is accorded.
4. Accordingly, the anticipatory bail application
with respect to petitioner no. 1, namely Sheikh Afroz @ Afroz
Patna High Court CR. MISC. No.21549 of 2026(2) dt.10-04-2026
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Ahmad stands dismissed as withdrawn. Now, the present
anticipatory bail application survives only for petitioner nos. 2
to 5.
5. In the present case, the petitioners are
apprehending their arrest in connection with Piprakothi P.S.
Case No. 372 of 2025, dated 02.11.2025, registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 109 and 303(2) of the B.N.S., 2023.
6. As per prosecution case, the petitioners and the
co-accused had been cultivating the land of the informant and
when the informant came to know about the this fact, he along
with his brother went there and opposed the same. It is further
alleged that at the instigation of petitioner no. 2, Noor
Mohammad, co-accused Sheikh Afroz gave farsa blow to the
informant, who received injury on his right shoulder and right
leg. Petitioner no. 2 gave sword blow to the brother of the
informant but he did not receive any injury. The other
petitioners also assaulted with iron-rod, lathi and danda etc.
Petitioner no. 2 again struck the informant on his head with
sword and as a result he became unconscious.
7. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
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this case. Though there is specific allegation against petitioner
no. 2, Noor Mohammad, for assaulting the brother of the
informant, but no injury has been found on the alleged victim.
The allegation against the petitioners, apart from causing the
lacerated wound, are general and omnibus. Learned counsel
further submits that the present case is counter blast of
Piprakothi P.S. Case No. 399 of 2025 which has been instituted
by one Gulshan Khatoon against the informant and others and
the petitioners are themselves the victim of the assault by the
informant’s side. He further submits that the FIR has been
instituted after much delay as the occurrence is stated to have
been taken place on 28.10.2025, whereas the FIR was lodged on
02.11.2025 without any plausible explanation. Learned counsel
further submits that the independent witnesses have not
supported the prosecution case and it is stated that there was a
free-fight between two parties over land dispute. Taking
advantage of the situation, the informant’s side has lodged the
present case with exaggerated facts. Learned counsel further
submits that only the injury of the informant has come on record
and from the rejection order it appears that the informant
received injuries on his right occipital parietal area of size 8cm
x 1cm x bone deep which is a lacerated would, similarly injury
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over left deltoid region of size 4cm (carved) x ½ cm x flesh
deep apart from multiple abrasions over right and left area of
forearm and back region. Injury no. 1 is stated to be grievous
which is on the head and the allegation of causing these injuries
is against the co-accused Sheikh Afroz @ Afroz Ahmad.
Learned counsel lastly submits that petitioners are having clean
antecedent.
8. Learned APP opposes the submissions made on
behalf of the petitioners.
9. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case of the parties and also considering the
non-specific nature of allegations against the petitioners for
indulging in any overt act of causing injuries to the informant’s
side and further considering the possibility of false accusation,
let the petitioners, above-named, in the event of their arrest or
surrender before the Court concerned within a period of eight
weeks from today, be released on bail, on furnishing bail bonds
of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, East Champaran, Motihari, in
connection with Piprakothi P.S. Case No. 372 of 2025, subject
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to the conditions as laid down under Section 482(2) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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