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Patna High Court

Raju @ Md. Rizwan ShaikhversusThe State of Bihar

Decided
Disposal
REJECTED

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
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          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/-

U      T


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