Patna High Court
Shamsuddin Kuraishi @ Putala @ PutulaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners with conditions, subject to Section 438 Cr.P.C. and Section 482(2) of the B.N.S.S.
Summary
The petitioners, Shamsuddin Kuraishi and his son Sahil, were accused of multiple offences including assault, robbery and causing hurt, based on a complaint by a neighbour over a dispute concerning a hand‑pump and chicken shed. They contended that the allegations were false, that the injuries described were inconsistent with the use of a meat chopper, and that they have clean antecedents. The State opposed their request for anticipatory bail. The Court examined the credibility of the informant’s claim, the nature of the injuries, and the petitioners’ willingness to cooperate with the investigation. It held that, given the lack of clear evidence of a serious offence and the petitioners’ clean record, anticipatory bail could be granted subject to strict conditions. The order directed the petitioners to furnish bail bonds and sureties, and warned that the bail could be cancelled if they failed to cooperate with the investigation.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 of the Cr.P.C. (and Section 482(2) of the B.N.S.S.) to the petitioners accused of multiple offences?
- Whether the allegations against the petitioners are substantiated enough to deny anticipatory bail?
Legislation cited
- Bihar Negotiable Sale Act — s. 482(2)
- Criminal Procedure Code — s. 438
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482(2) B.N.S.S.
- false implication
- assault
- robbery
- neighbor dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39815 of 2026
Arising Out of PS. Case No.-240 Year-2026 Thana- BETTIAH CITY District- West
Champaran
======================================================
1. Shamsuddin Kuraishi @ Putala @ Putula S/o Late Aalam Kuraishi Resident
of Village- Sagar Pokhara Purvi Aat (Ujjain Tola), Ward No. 23, P.S.-
Bettiah Town, District- West Champaran
2. sahil Kuraishi S/o Shamsuddin Kuraishi Resident of Village- Sagar Pokhara
Purvi Aat (Ujjain Tola), Ward No. 23, P.S.- Bettiah Town, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-06-2026 1. Heard Mr. Bimlesh Kumar Pandey, learned counsel
for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 190, 191(2),
191(3), 126(2), 115(2), 118(1), 109(1), 351(2), 74, 303(2), 352 and
79 of the BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that accused persons including the petitioners came on
17.04.2026 at 05:45 p.m. while she was sitting at her door and
started abusing on the issue of handpump and chicken shed and on
alarm her son (Hakim) came when petitioners with meat chopper
assaulted her and her son on head causing injury and when they
Patna High Court CR. MISC. No.39815 of 2026(2) dt.25-06-2026
2/3
fell petitioners with chopper assaulted them on back causing injury
while Sameer and Chand torn her clothes and Pappi Khatoon
attempted to strangulate her by rope and abused and snatched her
chain and took away cash of Rs.5,050/- along with a box
containing silver ornaments.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant. It is further submitted that petitioners and the informant
are neighbours and they are having dispute relating to passage. It
is next submitted that an altercation took place when both sides
assaulted each other. It is also submitted that in order to given
seriousness to the case, it is alleged that petitioners assaulted the
informant and her son by meat chopper but then from perusal of
the injury report annexed as Annexure-3 to the anticipatory bail
application, it would manifest that the same records that the injury
is simple caused by hard and blunt substance when meat chopper
is a sharp edged weapon. It is reiterated and submitted that
petitioners are persons with clean antecedent and are not criminals.
It is submitted that if the privilege of anticipatory bail is granted to
the petitioners, the petitioners will not abscond rather will
cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.39815 of 2026(2) dt.25-06-2026
3/3
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let 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 Bettiah (Town) P.S. Case No. 240 of 2026,
subject to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioners, despite giving
assurance to this Court, are not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail bonds
of the petitioners.
(Satyavrat Verma, J)
Kundan/-
U T
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