Created by Fuzzy Cloud

Patna High Court

Shamsuddin Kuraishi @ Putala @ PutulaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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.