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Patna High Court

Yusuf Raeesh @ Md. Yusuf Rayees @ Isuf RayeesversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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