Patna High Court
Md. Shahnawaz @ Sahanbaj @ Shahnawaj KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners, ordering their release on bail upon furnishing the prescribed bond and sureties.
Summary
The petitioners, a group of fifteen individuals from Bagdar village, sought anticipatory bail fearing arrest in a criminal case (Amour P.S. Case No.294 of 2025) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioners, amid a land‑related dispute, assaulted the informant and his family with weapons, causing injuries and allegedly stole a silver necklace and Rs. 51,000. The petitioners contended they were falsely implicated due to prior enmity, argued that the injury report did not support the charges, and asserted that the robbery allegations were concoced to extort money. The State and the informant opposed the anticipatory bail application. After considering the submissions and the circumstances, the Court allowed the interlocutory application, granting anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- assault
- robbery
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77298 of 2025
Arising Out of PS. Case No.-294 Year-2025 Thana- AMAUR District- Purnia
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1. Md. Shahnawaz @ Sahanbaj @ Shahnawaj Khan S/O Late Mantraj R/O
Village- Bagdar, Ward No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.-
Purnea.
2. Md. Mojahid @ Md. Mujahid @ Mir Mujahid S/O Aashfaque R/O Village-
Bagdar, Ward No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
3. Md. Mojabir @ Mujavar Khan @ Md. Mujabar @ Mujabar @ Mujavar S/O
Late Mohsin R/O Village- Bagdar, Ward No. 7, Panchayat- Dhurpaili, P.S-
Amour, Distt.- Purnea.
4. Md. Siraj @ Siraj S/O Abu Talib R/O Village- Bagdar, Ward No. 7,
Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
5. Md. Imran @ Imran S/o Md. Mahboob R/O Village- Bagdar, Ward No. 7,
Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
6. Abu Talib @ Abutalib S/O Mohsin R/O Village- Bagdar, Ward No. 7,
Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
7. Md. Sarejul @ Sajerul @ Sajel Islam S/O Sohrab R/O Village- Bagdar,
Ward No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
8. Md. Shamim @ Shamim @ Shamim Akhter S/O Late Mantraj R/O Village-
Bagdar, Ward No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
9. Md. Niyaz @ Neyaj @ Neyaj Khan S/O Late Sikandar R/O Village- Bagdar,
Ward No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
10. Nahid @ Mir Nahid S/O Ashfaque R/O Village- Bagdar, Ward No. 7,
Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
11. Md. Kamrul @ Kamrul @ Kamru-jama S/O Noor Mohammad R/O Village-
Bagdar, Ward No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
12. Md. Ijaz @ Md. Ejaz Khan @ Ejaj S/O Md. Shahnawaz R/O Village-
Bagdar, Ward No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
13. Md. Anzar @ Md. Anjar @ Anjar S/O Md. Naim Uddin R/O Village-
Bagdar, Ward No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
14. Mirza Ghalib S/O Md. Nazam R/O Village- Bagdar, Ward No. 7, Panchayat-
Dhurpaili, P.S- Amour, Distt.- Purnea.
15. Md. Mahboob @ Mahboob S/O Late Mohsin R/O Village- Bagdar, Ward
No. 7, Panchayat- Dhurpaili, P.S- Amour, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate.
Patna High Court CR. MISC. No.77298 of 2025(3) dt.11-02-2026
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For the State : Mr. Pranav Kumar, A.P.P.
For the O.P. No.2 : Mr. Md. Fazle Karim, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Re: I.A. No.1 of 2026
1. The present interlocutory application has been filed
for early hearing of present Cr. Misc. Application.
2. For the reasons stated in the interlocutory
application, the I.A. No.1 of 2026 stands allowed and
accordingly disposed of.
Re: Cr. Misc. No.77298 of 2025
3. Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehends their arrest in
connection with Amour P.S. Case No.294 of 2025 instituted
under Sections 126(2), 115(2), 118(1), 109, 74, 303(2), 3(5) of
the B.N.S., 2023.
3. As per the prosecution case, due to a dispute over
irrigation, petitioners alongwith other co-accused persons
abused and assaulted the informant with spade, sword and lathi
causing injury to informant and his family members. It is also
alleged that accused persons have snatched silver necklace and
Rs.51,000/- from the informant and her husband.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.77298 of 2025(3) dt.11-02-2026
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petitioners are innocent and have falsely been implicated in this
case due to previous enmity and land dispute. He further
submits that 33 persons have been made accused and two
injured persons got simple injury and the injury on one person is
grievous which is on the hand, but the injury report does not
corroborate with the allegations against the accused persons.
Learned counsel submits that allegation of alleged snatching of
jewellery by petitioner nos.2, 3 & 4 are false and concocted in
order to extort money from the petitioners. He further submits
that petitioner nos.2 & 13 have got clean antecedent, petitioner
nos.4, 5, 6, 7, 9, 10 & 14 have one criminal antecedent, in which
they are on bail and petitioner nos.1, 3, 8, 11, 12 & 15 have two
criminal antecedents, in which they are on bail and they
undertake to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the informant opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
Patna High Court CR. MISC. No.77298 of 2025(3) dt.11-02-2026
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learned Judicial Magistrate, 1st Class, Purnea in connection with
Amour P.S. Case No.294 of 2025, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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