Patna High Court
Yusuf Raeesh @ Md. Yusuf Rayees @ Isuf RayeesversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that, given the vague and non‑specific allegations and the probability of false accusation, bail should be granted to the petitioners.
Summary
The petitioners sought bail fearing arrest in a case (Chakia PS No.44 of 2026) alleging offences under Sections 126(2), 115(2), 109, 303(2) and 351(2) read with Section 3(5) of the B.N.S., 2023. The prosecution alleged that the petitioners and co‑accused assaulted an informant, inflicted a knife wound, beat him with lathis and stole Rs.10,000. The petitioners contended they were falsely implicated, that the allegations against them were vague, and that the dispute stemmed from a family land conflict. The State argued that injuries, including an incised wound, were proved. Considering the non‑specific nature of the accusations, the background of a land dispute and the likelihood of false prosecution, the Court ordered that the petitioners be released on bail upon furnishing bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
- Whether the background of a family land dispute indicates a likelihood of false accusation.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
- Whether Section 482(2) of the B.N.S.S. permits the grant of bail in the present circumstances.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 482(2)
Subjects
- bail
- false accusation
- land dispute
- assault
- knife attack
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27789 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- CHAKIA District- East Champaran
======================================================
1. Yusuf Raeesh @ Md. Yusuf Rayees @ Isuf Rayees S/o Md. Rayees Resident
of Village - Imadpatti, Himadpatti, P.S. - Chakia, District - East Champaran
2. Md. Yusuf S/o Md. Kamullah Resident of Village - Imadpatti, Himadpatti,
P.S. - Chakia, District - East Champaran
3. Md. Ibrahim S/o Md. Kamullah Resident of Village - Imadpatti, Himadpatti,
P.S. - Chakia, District - East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Chakia P.S. Case
No. 44 of 2026, dated 25.01.2026, registered for the offences
punishable under Sections 126(2), 115(2), 109, 303(2) and
351(2) read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, petitioners and other co-
accused persons abused and assaulted the informant. Petitioner
no. 3 caught hold of the informant and co-accused Md. Asif
gave him a knife blow on his head. Petitioners and other co-
Patna High Court CR. MISC. No.27789 of 2026(2) dt.30-04-2026
2/4
accused persons started assaulting the informant with lathi
causing injuries on his left leg and left hand. Petitioner no. 3
snatched rupees ten thousand from the bag of the informant who
fell down and became unconscious.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. The specific allegation of assault by means of knife is
levelled against co-accused Md. Asif and the only allegation
levelled against petitioner no. 3 is of catching hold of the
informant and the co-accused giving him knife blow. Similarly,
the allegation levelled against petitioner no. 2 is of assaulting
the informant by means of lathi. There is no specific allegation
against petitioner no. 1 for causing any injury or assaulting the
informant. Learned counsel further submits that the parties are
agnates and there is land dispute between them. Petitioner no. 1
is a student and he is having clean antecedent, whereas
petitioner nos. 2 and 3 reside in Delhi for their livelihood and
they have been made accused in two cases in this family
dispute. Learned counsel further submits that some scuffle took
place between the parties and both the sides have received
minor injuries, but the informant exaggerated the incident and
lodged this false case.
Patna High Court CR. MISC. No.27789 of 2026(2) dt.30-04-2026
3/4
5. Learned APP opposes the submissions made on
behalf of the petitioners and submits that apart from one incised
wound over right temporal region, swelling and tenderness have
been found on left forearm and left knee, though the injuries are
stated to be simple in nature.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague and non-specific nature of allegation for assault against
the petitioners and also considering the background of land
dispute and probability of false accusation, let the petitioners,
above-named, in the event of their arrest or surrender before the
Court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, East Champaran, Motihari, in connection with Chakia
P.S. Case No. 44 of 2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
Patna High Court CR. MISC. No.27789 of 2026(2) dt.30-04-2026
4/4
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
Checking your session…