Patna High Court
Fazal Hussain @ Tinku HussainversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail could not be granted to the petitioner as the allegations and pending proceedings did not merit the privilege.
Summary
The petitioner, Fazal Hussain, sought anticipatory bail in a case registered under Sections 341, 323, 324, 379, 504 and 506 read with 34 of the Indian Penal Code, alleging that he was falsely implicated in a family dispute involving assault and theft. The petitioner argued that he has a clean antecedent and that the informant’s allegations are spurious. The State opposed the bail, emphasizing the seriousness of the alleged knife assault causing grievous injury and noting that a similar bail application by a co‑accused had been rejected earlier. The Court examined the submissions and the pending criminal proceedings before the Judicial Magistrate, 1st Class, Siwan. Concluding that the petitioner was not entitled to the privilege of anticipatory bail, the Court rejected the application.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting or refusing anticipatory bail under the circumstances of the case?
- Whether the petitioner’s alleged involvement in the offences under the IPC warrants the denial of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 324, 341, 379, 504, 506/34
Subjects
- anticipatory bail
- Indian Penal Code
- Section 438 CrPC
- assault
- theft
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.733 of 2026
Arising Out of PS. Case No.-221 Year-2021 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Fazal Hussain @ Tinku Hussain S/O Raham @ Rahman @ Shekh Rahman
Resident of village- Balha Ali Mardanpur P.S.- Bhagwanpur Hat, Dist.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 323,
324, 379, 504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on account of dispute relating to children, Sheikh
Shahrukh assaulted Sheikh Gulam Kausar by knife and repeated
the blow thrice causing injury on his chest and petitioner
assaulted the mother of Sheikh Gulam Kausar by knife causing
injury on her chest. It is next alleged that Sheikh Saddam
snatched chain and ear-ring worth Rs.75,000/- from the
informant’s sister-in-law and the women accused took away
ornaments and cash.
Patna High Court CR. MISC. No.733 of 2026(2) dt.18-02-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that on account of dispute
amongst children the occurrence is alleged to have taken place.
It is next submitted that Bhagwanpur Hat P.S. Case No. 232 of
2021 has been instituted against the informant and others.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that petitioner is
alleged to have assaulted the mother of Gulam by knife causing
injury and the injury has been opined to be grievous as would
manifest from the order impugned. It is further submitted that
the case is of the year 2021 and the petitioner at his leisure in
year 2026 has moved before this Court seeking anticipatory bail.
It is next submitted that Sheikh Shahrukh @ Shahrukh Ali @
Sheikh Sharukh had approached this Court seeking anticipatory
bail by filing Cr. Misc. No. 24372 of 2022 and the same came to
be rejected by an order dated 09.11.2022.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner in connection with
Bhagwanpur Hat P.S. Case No. 221 of 2021 pending in the
Court of learned Judicial Magistrate, 1st Class, Siwan/Successor
Patna High Court CR. MISC. No.733 of 2026(2) dt.18-02-2026
3/3
Court.
7. Hence, the prayer for anticipatory bail is rejected.
8. Let a copy of this order be sent to the
Superintendent of Police, Siwan for his perusal.
(Satyavrat Verma, J)
Kundan/-
U T
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