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Patna High Court

Md. Shahnawaz @ Sahanbaj @ Shahnawaj KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
     ======================================================
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
                                                     2/4




                 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
                                            3/4




          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
                                                          4/4




                        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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