Created by Fuzzy Cloud

Patna High Court

Saiyad Sahil @ Sahil @ Sayyad SahilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bond and sureties, invoking its inherent powers under Section 482(2).

Summary

The petitioners, Saiyad Sahil and Faizan, sought anticipatory bail fearing arrest in a case registered under Sections 191(2), 126(2), 115(2), 117(2) and 303(2) of the B.N.S., 2023, alleging they were falsely implicated in a land‑dispute‑related assault. They argued they have a clean antecedent and that the informant’s allegations of assault are vague, the injuries were not to vital parts, and it is unclear whether the injuries resulted from assault or an accident. The State opposed the bail but could not effectively counter the claim that the allegations lack specificity. After hearing both sides, the Court held that the petitioners could be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2). The order was pronounced by Justice Satyavrat Verma, granting the bail while the criminal proceedings continue in the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging offences under Sections 191(2), 126(2), 115(2), 117(2) and 303(2) of the B.N.S., 2023.
  • Whether the allegations of assault in the FIR are sufficiently specific to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • clean antecedent
  • specific allegations
  • Section 191
  • Section 126
  • Section 115
  • Section 117
  • Section 303
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37018 of 2026
                       Arising Out of PS. Case No.-191 Year-2025 Thana- SAKRI District- Madhubani
                 ======================================================
           1.     Saiyad Sahil @ Sahil @ Sayyad Sahil S/O Saiyad Mahtab @ Md. Mahtab @
                  Mahtab @ Mahtan R/o Village-Sakri, Chanda Tola PO and PS- Sakri, Dist-
                  Madhubani
           2.    Faizan @ Sayyad Faizan S/O Saiyad Mahtab @ Md. Mahtab @ Mahtab @
                 Mahtan R/o Village-Sakri, Chanda Tola PO and PS- Sakri, Dist- Madhubani

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prabhat Kumar Munna
                 For the Opposite Party/s :        Mr. Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   126(2), 115(2), 117(2), 303(2) of the B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 07.10.2025 at 4.20 P.M. on account of previous

                   land dispute, accused persons including the petitioners came and

                   assaulted her by lathi, danda and stones causing injury, further

                   her husband was also assaulted by the named accused persons
Patna High Court CR. MISC. No.37018 of 2026(2) dt.16-06-2026
                                            2/3




          and Faizan, Sahil and Imran snatched her chain.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that on

          account of dispute relating to land, the occurrence is alleged to

          have taken place. It is further submitted that though it is alleged

          that accused persons assaulted her and her husband but then the

          allegation of assault is not specific. It is next submitted that the

          injury report of the informant opined the injury to be grievous in

          nature but injury of the husband of the informant has been

          opined to be simple in nature. It is further submitted that

          whether the injury was on account of assault or the informant

          fell and on account of which she suffered injury is an aspect to

          be tested in the trial. It is reiterated and submitted that allegation

          of assault is not specific and petitioners are persons with clean

          antecedent. It is also submitted that even injury suffered by the

          informant is not on vital part of the body.

                       5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioner but then are not in a position to

          rebut the submission of the learned counsel appearing on behalf
             Patna High Court CR. MISC. No.37018 of 2026(2) dt.16-06-2026
                                                         3/3




                       of the petitioners that allegation of assault is not specific and

                       even the injury suffered by the informant is not on vital part of

                       the body.

                                    6. After hearing the learned counsel for the parties and

                       also taking into consideration the submissions made by the

                       learned counsel for the petitioners, the petitioners above-named,

                       in the event of their arrest or surrender within a period of six

                       weeks from today, be released on anticipatory bail on furnishing

                       bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

                       sureties of the like amount each to the satisfaction of the learned

                       trial court where the case is pending/successor court in

                       connection with Sakri P.S. Case No.191 of 2025, subject to the

                       conditions as laid down under Section 482(2) B.N.S.S.



                                                          (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.