Patna High Court
Sheikh Farman @ Shekh FarmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to bail bond, sureties, and cooperation conditions.
Summary
The petitioners, four residents of Samhauta village, applied for anticipatory bail under several sections of the Bihar Negotiable Security Act (B.N.S.S) after an FIR alleged they assaulted an informant and family members with weapons, causing injuries. They argued that the dispute was pre‑existing, the injuries were simple and caused by blunt objects, and that as senior citizens they posed no flight risk or danger of tampering with evidence. The State opposed the bail. The Court examined the facts, noting the prior dispute and the nature of injuries, and concluded that the petitioners could be released on anticipatory bail. The Court ordered that each petitioner furnish a bail bond of Rs 10,000 with two sureties, comply with Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023, and cooperate with the investigation. The anticipatory bail was granted subject to these conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the applicable provisions.
- Whether the petitioners pose a risk of absconding or tampering with evidence.
- Whether the nature of the alleged injuries justifies denial of bail.
Legislation cited
- Bihar Negotiable Security Act, 2023 — s. 482(2)
- Bihar Negotiable Security Act (B.N.S.S) — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S
- assault
- senior citizens
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67884 of 2025
Arising out of PS. Case No.-151 Year-2025 Thana- SATHI District- West Champaran
======================================================
1. Sheikh Farman @ Shekh Farman Son of Late Sk. Hakik @ Shekh Hakil
Resident of Village - Samhauta, P.S.- Sathi, District - West Champaran.
2. Sheikh Kamil @ Sk. Kamil @ Shekh Kamil Son of Late Sk. Khalil @ Shekh
Khalis @ Shekh Khalil Resident of Village - Samhauta, P.S.- Sathi, District -
West Champaran.
3. Sheikh Arbaz Alam @ Shekh Arbaj Aalm @ Arbaz Alam Son of Sheikh
Kamil @ Sk. Kamil @ Shekh Kamil Resident of Village - Samhauta, P.S.-
Sathi, District - West Champaran.
4. Sheikh Wasim Son of Sk. Nuruddin @ Shekh Nurudin Resident of Village -
Samhauta, P.S.- Sathi, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Chandra, Advocate
For the Opposite Party/s: Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Sathi P.S. Case No. 151 of 2025 registered under sections
191(2), 190, 126(2), 115(2), 118(1) and 109(1) of the BNS.
3. The allegation in the First Information Report re-
lates to assaulting the informant and other members of the fam-
ily by the accused persons including the present petitioners by
means of weapons causing injuries.
Patna High Court CR. MISC. No.67884 of 2025(3) dt.17-01-2026
2/3
4. Learned counsel for the petitioners submits that
bare perusal of the First Information Report itself would indi-
cate that there was a pre-existing dispute between the parties
and the allegation of assault by means of dangerous weapons
like sword, gandasa etc. whereas the injury report of the injured
persons as available in the case diary would indicate that the in-
jury has been caused by hard and blunt object and the same is
also simple in nature. It is further submitted that there is case
and counter-case with specific allegation upon the side of the in-
formant of having resorted to snatching of money and assaulting
by means of dangerous weapon. It is also submitted that the Pe-
titioner Nos. 1 and 2 are the senior citizens and there is no
chance of absconding and tampering with evidence.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and circum-
stances of the case and considering the fact that the occurrence
took place in the wake of previous dispute between the parties
and there is case and counter-case resulting in simple injuries to
the injured persons, let the petitioners, above named, in the
event of their arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
Patna High Court CR. MISC. No.67884 of 2025(3) dt.17-01-2026
3/3
connection with Sathi P.S. Case No. 151 of 2025 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
concerned Judicial Magistrate, 1st Class, West Champaran, Bet-
tiah, subject to the condition laid down under Section 438(2) of
the Code of Criminal Procedure/Section 482(2) of the B.N.S.S,
2023 and subject to the further condition that they shall co-oper-
ate in investigation/trial.
(Soni Shrivastava, J)
Vikash/-
U T
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