Patna High Court
Saiyad Sahil @ Sahil @ Sayyad SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S., 2023 — s. 115(2), 117(2), 126(2), 191(2), 303(2)
- Criminal Procedure Code — s. 482(2)
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
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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
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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/-
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