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Patna High Court

Bhutu Jawed @ Bhuttoo Jawed Ali @ Javed AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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