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Patna High Court

Jayaullah @ Md. Jayaullah @ Md. ZeyaullahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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