Patna High Court
Sheikh Saheb @ Musa @ Saheb HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the B.N.S.S.
Summary
The petitioners, Sheikh Saheb and Safi Ahmad, sought anticipatory bail in connection with a criminal case (Gaunaha P.S. Case No. 03 of 2026) alleging offences under several sections of the B.N.S., including unlawful assembly and assault. The prosecution alleged that the petitioners participated in a violent attack on an informant’s brother during a land dispute, causing grievous injuries. The petitioners contended they were innocent, arguing the incident stemmed from a long‑standing partition suit and that the FIR contains only vague, omnibus allegations against them. The State opposed the bail, but the court, considering the lack of specific incriminating material and the petitioners’ clean record, exercised its power under Section 482 of the B.N.S.S. to grant anticipatory bail. The order directed the petitioners to furnish a bail bond of Rs.10,000 each with two sureties and stipulated that one bailor be a close relative, with the bail to be effective for four weeks from the order’s receipt.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the B.N.S.S. in view of the allegations in the FIR.
- Whether the FIR contains specific charges against the petitioners sufficient to deny bail.
- Whether the underlying land‑partition dispute impacts the assessment of bail.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- unlawful assembly
- assault
- land dispute
- partition suit
- B.N.S. sections
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22170 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- GAUNAHA District- West Champaran
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1. Sheikh Saheb @ Musa @ Saheb Hussain S/o Sheikh Aras R/o Village -
Bhataura, P.S - Shikarpur, District - West Champaran
2. Safi Ahmad @ Enullah Son of Late Sheikh Sadik R/o Village - Bhataura, P.S
- Shikarpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma
Mr. Sagar Kumar
Mr. Harsha Sashwat
For the Opposite Party/s : Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Gaunaha P.S. Case No. 03 of 2026 for the
offence under Sections 191(2), 190, 115(2), 118(1), 303(2), 109,
352 and 351(2) of the BNS.
3. As per prosecution case, on the date of occurrence,
the while informant was harvesting his paddy crop, all the F.I.R.
named accused persons variously armed, forming an unlawful
assembly came to the field and started objecting the informant
to harvest the paddy. When the informant’s brother, Sheikh
Istekhar, asserted his right over his share of land, the accused
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persons started abusing him. Upon protest, accused Sheikh
Baitullah exhorted others to kill him. Acting upon such
instigation, accused Sheikh Paigam assaulted Sheikh Istekhar
with an axe on his head, causing grievous injuries, as a result of
which he fell down on the ground. Thereafter, accused Sheikh
Saheb @ Musa and Safi Ahmed assaulted him with sticks on his
left hand, back, and waist, causing further serious injuries.
When the informant intervened to rescue his brother, accused
Sheikh Tabrez struck him on the head with an iron rod, causing
multiple bleeding injuries. Thereafter, accused Sheikh Aras and
Sheikh Imran assaulted him on his back and waist with sticks,
causing him to fall down.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence as
alleged in the F.I.R. It is contended that there exists a long-
standing partition dispute between the parties, who are agnates.
In order to resolve the said dispute, Partition Suit No. 78 of
2025 was instituted from the side of the petitioners, which led to
animosity on the part of the prosecution party. It is further
submitted that, in fact, the prosecution party, being aggrieved by
the said civil proceeding, formed an unlawful assembly and,
consisting of 14 named and 9–10 unknown persons, came to the
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land of the petitioners and assaulted them, causing injuries to as
many as five persons, including the petitioners. In connection
with the said occurrence, Gaunaha P.S. Case No. 02 of 2026 was
instituted at the instance of the cousin of the petitioners against
the informant and other accused persons of the present case.
Learned counsel further submits that, as per the allegations
made in the F.I.R., the only specific accusation against the
petitioners is that they assaulted the informant’s brother on his
waist and hand by means of lathi. Apart from this, there are only
general and omnibus allegations against the petitioners along
with other accused persons without any specific attribution of
overt acts. It is also contended that from bare perusal of the
F.I.R., it clearly transpires that the present case arises out of a
land dispute between the parties. Further, it has been specifically
stated in paragraph 3 of the bail application that the petitioners
have clean antecedents and have never been involved in any
criminal case earlier.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
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date of receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Bettiah, West Champaran, in connection with Gaunaha P.S. Case
No. 03 of 2026 subject to the conditions as laid down under
Section 482 of B.N.S.S., as also with the condition that one of
the bailors should be close relative of the petitioners.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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