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Patna High Court

Sheikh Saheb @ Musa @ Saheb HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 109, 115(2), 118(1), 190, 191(2), 303(2), 351(2), 352
  • B.N.S.S. — s. 482

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
                 ======================================================
           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
Patna High Court CR. MISC. No.22170 of 2026(2) dt.08-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.22170 of 2026(2) dt.08-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.22170 of 2026(2) dt.08-04-2026
                                                       4/4




                     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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