Patna High Court
Jayaullah @ Md. Jayaullah @ Md. ZeyaullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations against the petitioner were general and did not prima facie show an intention to cause death, and therefore granted bail.
Summary
The petitioner, Jayaullah, was named in an FIR for a multitude of offences under the Indian Penal Code and the Arms Act, relating to an alleged assault during a land‑dispute incident. The FIR alleged that he, along with co‑accused, used lathis and iron rods causing injuries, with an alleged intention to cause death, while a separate rape allegation was made only against another co‑accused. The petitioner’s counsel argued that the charges against him were vague, the injuries were simple, no rape charge pertained to him, and he had a clean antecedent, seeking bail. The State opposed the bail application. The court observed that the allegations of assault were general and did not prima facie establish an intention to cause death, and since the rape charge did not involve the petitioner, bail was appropriate. Consequently, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the allegations in the FIR against the petitioner constitute a prima facie case of intention to cause death justifying denial of bail
- Whether the absence of a rape charge against the petitioner affects the bail decision
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail in a case involving multiple serious IPC offences
Legislation cited
- Arms Act — s. 27
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 354, 376, 379, 427, 448, 504, 506
Subjects
- bail
- Criminal Procedure Code
- Section 438 CrPC
- Section 482 BNSS
- Indian Penal Code
- Arms Act
- rioting
- assault
- intention to cause death
- land dispute
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70450 of 2024
Arising Out of PS. Case No.-76 Year-2013 Thana- RAMGARHWA District- East Champaran
======================================================
Jayaullah @ Md. Jayaullah @ Md. Zeyaullah Son of Late Sk. Md Nasrullah
Resident of Village- Adhkaparia, P.S. - Ramgarhwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhurendra Kumar
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 04-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Ramgarhwa P.S. Case
No. 76 of 2013 registered for the offences punishable under
Sections 147, 148, 149, 341, 323, 324, 307, 379, 376, 504,
354, 427, 448 and 506 of the Indian Penal Code and Section 27
of the Arms Act.
3. As per FIR, informant and others were assaulted
during the occurrence by petitioner and other co-accused persons
by using lathi, iron rod etc., causing head and other bodily injuries
with an intention to cause their death. Allegation of rape is also
available against Shamse Alam.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation against this petitioner is
Patna High Court CR. MISC. No.70450 of 2024(4) dt.04-02-2026
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available to assault the informant and others during the occurrence
along with other co-accused persons, which appears very much
general and omnibus in nature. Allegation of rape is specifically
available against co-accused Shamse Alam. While arguing further,
it is submitted that police after investigation submitted final form
against petitioner, but learned Trial Court took cognizance against
petitioner. It is submitted that occurrence took place in the
background of land dispute and moreover injury received by
injured appears simple in nature. While concluding argument, it is
submitted that petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as allegation of rape is not available against this
petitioner and allegation qua physical assault appears very much
general and omnibus against this petitioner prima-facie negating
intention to cause death in view of simple injury, accordingly
petitioner above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, is directed to
be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Raxaul at Motihari/concerned
Court, where the case is pending in connection with Ramgarhwa
Patna High Court CR. MISC. No.70450 of 2024(4) dt.04-02-2026
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P.S. Case No. 76 of 2013, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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