Patna High Court
Raju @ Md. Rizwan ShaikhversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is denied to the petitioner.
Summary
The petitioner, a 20‑year‑old named Raju @ Md. Rizwan Shaikh, was implicated in a communal clash in Gurua, Gaya, which resulted in a death. He sought anticipatory bail under Sections 191(2), 191(3), 127(1), 115(2), 117(2), 109, 132, 299 and later 103(2) of the Bihar National Security Act, 2023. The petitioner argued that the FIR contained only general allegations, that many co‑accused had been granted regular bail, and that he was a young individual. The State opposed, emphasizing the death of the victim, the petitioner’s criminal antecedent, and the rejection of anticipatory bail for similarly situated co‑accused in a prior order. The Court, considering the fatal outcome and the earlier rejection of anticipatory bail for others, declined to grant anticipatory bail, but indicated that regular bail could be considered if the petitioner surrenders within three weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving death arising from a communal clash.
- Whether the existence of criminal antecedent and the death of a victim preclude anticipatory bail.
- Whether the grant of regular bail to other co‑accused influences the decision on anticipatory bail.
Subjects
- anticipatory bail
- communal clash
- bail jurisprudence
- criminal law
- death of victim
- mob violence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23278 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- GURUA District- Gaya
======================================================
Raju @ Md. Rizwan Shaikh Son of Shakil Ahamad @ Shakib Miya Resident
of Vill. - Gudru, P.S. -Gurua, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Swetabh, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Gurua P.S. Case No. 203 of 2025 in a case
registered for the offence punishable under Sections 191(2),
191(3), 127(1), 115(2), 117(2), 109, 132 and 299 of the BNS, 2023
and later on Section 103(2) of the BNS was also added.
3. The prosecution case relates to death of a person
caused on account of communal clash between parties, including
the petitioner.
4. Learned counsel for the petitioner submits that as
many as 25 persons have been made accused in the first
information report and the dispute between the parties escalated on
account of some communal disturbance. It is further submitted that
there are general and omnibus allegations made in the FIR and no
specific allegation whatsoever has been attributed against the
Patna High Court CR. MISC. No.23278 of 2026(2) dt.17-04-2026
2/3
petitioner who is a young boy aged about 20 years. It is further
submitted that a number of other co-accused persons have been
granted privilege of regular bail from several co-ordinate Benches
of this Court. It has further been submitted that there was a clash
and assault from both the sides and the deceased was also made an
accused.
5. Learned APP for the State has opposed the
application for anticipatory bail on the ground that a person has
died in the incident on account of the injuries received and the
petitioner also has a criminal antecedent but it relates to case
arising out of the same incident.
6. It has also been pointed out that the other co-accused
persons have been granted privilege of regular bail by different co-
ordinate Benches of this Court and anticipatory bail of three co-
accused persons has been rejected vide order dated 05.02.2026
passed in Cr. Misc. No. 52999 of 2025.
7. Taking into consideration the facts and circumstances
and also considering the fact that in the present case, the injuries
have led to death of person during course of treatment and the
anticipatory bail prayer of similarly situated co-accused persons
has already been rejected by a co-ordinate Bench, I am not
inclined to grant anticipatory bail to the petitioner. Accordingly,
this bail application is rejected.
Patna High Court CR. MISC. No.23278 of 2026(2) dt.17-04-2026
3/3
8. However, in case the petitioner surrenders before the
learned court concerned and seeks regular bail within a period of
three weeks, the same shall be considered on its own merit without
being prejudiced by the present rejection and the learned Court
concerned may also take into consideration the fact that all the
similarly situated co-accused persons have been granted bail by
different co-ordinate Benches of this Court considering that the
incident happened in a mob frenzy.
(Soni Shrivastava, J)
priyanka/-
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