Patna High Court
Julfequar Ali @ Julfequar SaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioners, Julfequar Ali, Arbaj Sai and Danish Sai, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 109, 352, 74 and 3(5) of the Bharatiya Nyaya Sanhita. They contended that they have clean antecedents and are falsely implicated by an informant with whom they have a land dispute, alleging that the injuries reported were minor. The State opposed the grant of anticipatory bail, arguing the seriousness of the offences. The Court examined the submissions, the nature of the alleged injuries, and the background dispute, and found no compelling reason to deny bail. Consequently, the Court ordered that, upon arrest or surrender within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita in view of the alleged offences and the factual background.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 118, 126, 3, 352, 482, 74
Subjects
- anticipatory bail
- false implication
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- Section 126
- Section 115
- Section 118
- Section 109
- Section 352
- Section 74
- Section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58235 of 2025
Arising Out of PS. Case No.-182 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
1. Julfequar Ali @ Julfequar Sai S/O Late Shamshad Sai Resident of Village-
Machkana, P.S- Hussainganj, District- Siwan.
2. Arbaj Sai @ Arbbaj Ali @ Runna Sai S/O Julfequar Ali @ Julfequar Sai
Resident of Village- Machkana, P.S- Hussainganj, District- Siwan.
3. Danish Sai @ Danish Raja S/O Julfequar Ali @ Julfequar Sai Resident of
Village- Machkana, P.S- Hussainganj, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 04-02-2026 1. Heard 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 126(2),
115(2), 118(1), 109, 352, 74 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that on 19-5-2025 at 6 pm, informant was talking with
his family members on his varandah, when the accused persons
including the petitioners came variously armed and petitioner
Patna High Court CR. MISC. No.58235 of 2025(4) dt.04-02-2026
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no. 1 assaulted informant’s son, Arman, by rod causing injury
on head, thereafter petitioner no. 2 assaulted informant by rod
causing injury on head and petitioner no. 3 assaulted the
informant’s son, Farman, on head and thereafter petitioner no. 1
acted inappropriately with informant’s wife and pushed her on
the ground.
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 side of the
petitioners Hussainganj PS case No. 181 of 2025 has been
instituted against the informant and his side, as such the instant
FIR is a counter-blast. It is further submitted that
supplementary injury report of the injured has been received and
from perusal of the same, it would manifest that injury of
Farman, Arman and Mursad has been opined to be simple in
nature, which amply demonstrates that petitioners never had any
intention of committing a serious occurrence. It is also
submitted that petitioners and the informant are pattidar and are
having dispute relating to land for which litigation is going on.
It is submitted that petitioners are not criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.58235 of 2025(4) dt.04-02-2026
3/3
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
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
Hussainganj P.S. Case No. 182 of 2025, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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