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Patna High Court

Anjar Alam @ AnjrversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the allegations were serious and the petitioners were specifically implicated in the knife injury.

Summary

The petitioners, Anjar Alam and Sohrab Alam, sought anticipatory bail fearing arrest in a case registered under sections 115(2), 126(2), 109(1), 74, 352, 351(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita. The informant alleged that the petitioners participated in an assault on him and his brothers, including a knife injury to brother Sajid Alam’s private part. The petitioners contended that the FIR does not specifically charge them with the grievous injury, attributing it to co‑accused Manglu and Muzammil. The State’s counsel argued that the petitioners played a specific role in the knife assault, and the FIR supports this claim. Considering the seriousness of the allegations, the specific role imputed to the petitioners, and that the investigation was ongoing, the court refused to grant anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the serious offences alleged under the Bharatiya Nyaya Sanhita.
  • Whether the FIR specifically implicates the petitioners in the grievous knife injury to Sajid Alam.
  • Whether the seriousness of the alleged offences warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • knife injury
  • criminal procedure
  • denial of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8184 of 2026
                   Arising Out of PS. Case No.-117 Year-2025 Thana- PAHARKATTA District- Kishanganj
                 ======================================================
           1.     Anjar Alam @ Anjr S/o Sohrab Alam R/o Village - Khajurbari, Ward no. 01,
                  P.S - Paharkatta, District - Kishanganj
           2.    Sohrab Alam S/o Bahruddin R/o Village - Khajurbari, Ward no. 01, P.S -
                 Paharkatta, District - Kishanganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Mritunjay Kumar, Adv.
                 For the State           :        Mr. Md. Shakir Ahmad, APP
                 For the Informant       :        Ms. Rachna Rani, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                               Heard the parties.

                                    2. The petitioners apprehend their arrest in

                   connection with Paharkatta P.S. Case No. 117 of 2025 dated

                   28.09.2025 registered for the offences punishable under sections

                   115(2), 126(2), 109(1), 74, 352, 351(2), 303(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                    3. As per the informant, on 28.09.2025 at about

                   09:00 A.M., he had gone to plough the land in respect of which

                   the dispute had been settled after panchayati. When he was

                   ploughing the field, all the accused persons, including the

                   petitioners, came there and started assaulting him, due to which

                   he sustained injuries on his cheek, chest and head. It is further
Patna High Court CR. MISC. No.8184 of 2026(2) dt.24-02-2026
                                            2/3




          alleged that when the informant’s brother Sajid Alam arrived,

          then accused persons namely Sohrab (petitioner No. 2), Anjar

          (petitioner No. 1), Manglu and Mosana caught hold of his legs

          and ruptured his hydrocele with knife. It is further alleged that

          when the informant’s other brother Sahwaz and his sister,

          Sahjadi Begum, came to save them, then the accused persons

          also assaulted both of them and tore the clothes of Sahjadi

          Begum.

                          4. Learned counsel for the petitioners submits that

          against the petitioners, there is no specific allegation and the

          allegation as to inflicting knife injuries upon the informant’s

          brother, Sajid Alam, is against co-accused Manglu and

          Muzammil and there is case and counter case in between both

          the parties and all the injured persons, except the injured Sajid

          Alam, sustained simple injuries and the grievous injury to Sajid

          Alam is specifically attributed to the co-accused persons, not to

          the petitioners.

                          5. On the other hand, learned counsel for the

          informant has vehemently opposed the prayer of the petitioners

          and submits that both the petitioners played a specific role in

          assaulting Sajid Alam, on whose private part the injuries were

          inflicted by using knife and in this regard, the FIR itself is
             Patna High Court CR. MISC. No.8184 of 2026(2) dt.24-02-2026
                                                         3/3




                       sufficient and further, the injury on the private part of Sajid

                       Alam corroborates the said allegation.

                                       6. Considering the seriousness of the allegations

                       appearing against the petitioners, mainly their specific role in

                       the commission of the alleged occurrence in inflicting knife

                       injuries upon Sajid Alam, as appears from the FIR, and also

                       taking note of the fact that the case is under investigation, in my

                       opinion, it is not a fit case to grant the relief of anticipatory bail

                       to the petitioners. Accordingly, their prayer stands rejected.




                                                 (Shailendra Singh, J)
annu/-

U        T


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