Patna High Court
Bhutu Jawed @ Bhuttoo Jawed Ali @ Javed AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to all three petitioners, subject to a bond and sureties.
Summary
The petitioners, three residents of Murli Bharahwa, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging they assaulted an informant and stole Rs.20,000. The prosecution’s FIR claims the accused, including the petitioners, attacked the informant with weapons, causing serious injuries and theft. The petitioners contend they are falsely implicated due to a land dispute, argue the injuries were non‑vital, and point to a counter‑case filed by the informant’s side. The court noted the existence of a case and counter‑case, the earlier grant of anticipatory bail to two co‑accused, and the petitioners’ willingness to cooperate. Accordingly, the court ordered anticipatory bail for all three petitioners, subject to a bail bond of Rs.10,000 with two sureties, to be effected within four weeks before the Judicial Magistrate of Bettiah.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations of assault, injury and theft in the FIR justify denial of anticipatory bail.
- Whether the existence of a land‑dispute‑related counter‑case and prior bail to co‑accused affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 190, 191(2), 303(2), 351(2), 352
Subjects
- anticipatory bail
- false implication
- land dispute
- assault
- theft
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail bond
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24909 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- GAUNAHA District- West Champaran
======================================================
1. Bhutu Jawed @ Bhuttoo Jawed Ali @ Javed Ali S/o Late Shekh Amrul
Hasan R/o Village - Murli Bharahwa, P.S- Gaunaha, District - West
Champaran
2. Gurej Shekh @ Md. Gulrej S/o Mustak Shekh R/o Village - Murli
Bharahwa, P.S- Gaunaha, District - West Champaran
3. Sikandar Prawez S/o Late Shekh Amrul Hasan @ Amirul Hasan R/o Village-
Murli Bharahwa, P.S- Gaunaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Advocate
Mr. Abhay Kumar Mishra, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Gaunaha P.S. Case no. 2 of 2026 registered under sections
191(2), 190, 115(2), 118(1), 117(2), 303(2), 109, 352 and 351(2)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the 14 named accused persons including the three
petitioners herein as also 9-10 unknown accused persons came
variously armed with lathi, danda, iron rod, etc and as a result
of the order given by the petitioner no.1, all the three petitioners
Patna High Court CR. MISC. No.24909 of 2026(2) dt.22-04-2026
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as also others assaulted the informant leading to serious injuries.
They took away Rs.20,000/- in cash.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case because of
land dispute between the parties. The manner of occurrence is
other than what has been narrated in the FIR and the correct
version having been given in the FIR lodged by the petitioners’
side. There is case and counter case between the parties. Injuries
on the petitioners’ side have also been found to be grievous in
nature and the accused of the informant’s side namely Sheikh
Saheb @ Musa and Safi Ahmad have been enlarged on
anticipatory bail vide order dated 8.4.2026 passed in Cr. Misc.
no.22170 of 2026. The injuries attributable to the petitioners
herein are on non vital part of the body. The petitioners
undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
contents of the injury report, there being case and counter case
between the parties, grant of bail to the above named two co-
accused vide order dated 8.4.2026, in the facts of the case, it is
Patna High Court CR. MISC. No.24909 of 2026(2) dt.22-04-2026
3/3
directed that all the three petitioners above named, in the event
of their arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Gaunaha P.S. Case no. 2 of 2026 on each of
them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
satisfaction of the learned Judicial Magistrate, Bettiah, West
Champaran.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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