Patna High Court
Gori Shah @ Gori MohammadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified.
Summary
The petitioners, a group of relatives from Barharia, Siwan, applied for anticipatory bail fearing arrest in a case registered under several offences of the Bharatiya Nyaya Sanhita, including sections dealing with criminal conspiracy, unlawful assembly and assault. The FIR alleged that they assaulted an informant and her family with lathis, dandas and a knife, causing injuries, arising out of a land dispute in which both sides were injured. The petitioners contended that the allegations were general, that there was a counter‑case, and that they have a clean antecedent. The State opposed the bail application. Considering the nature of the accusations, the existence of a counter‑case and the petitioners’ clean record, the Court granted anticipatory bail, directing that if they are arrested or surrender within eight weeks they must furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita
- Whether the nature of the allegations and the petitioners’ clean antecedent justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 120(2), 303(2), 3(5), 351(2)
Subjects
- anticipatory bail
- assault
- land dispute
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82578 of 2025
Arising Out of PS. Case No.-346 Year-2025 Thana- BARHARIA District- Siwan
======================================================
1. Gori Shah @ Gori Mohammad Son of Late Ameen Shah @ Gani Shah
Residents of Village -Koeigawan Jogi Tola, Barharia, P.S- Barharia, District
-Siwan Bihar.
2. Gulsaba Khatoon Daughter of Gori Shah @ Gori Mohammad Residents of
Village -Koeigawan Jogi Tola, Barharia, P.S- Barharia, District -Siwan
Bihar.
3. Muskan Musrat @ Muskan Khatoon Daughter of Ahmad shah Residents of
Village -Koeigawan Jogi Tola, Barharia, P.S- Barharia, District -Siwan
Bihar.
4. Shahjadi Khatoon Daughter of Gori Shah @ Gori Mohammad Residents of
Village -Koeigawan Jogi Tola, Barharia, P.S- Barharia, District -Siwan
Bihar.
5. Nurjahan Begam @ Noorjhan Khatoon wife of Gori shah @ Gori
Mohammad Residents of Village -Koeigawan Jogi Tola, Barharia, P.S-
Barharia, District -Siwan Bihar.
6. Shaheb Shah @ sajad Ahmed Son of Late Gori Shah @ Gori Mohammad
Residents of Village -Koeigawan Jogi Tola, Barharia, P.S- Barharia, District
-Siwan Bihar.
7. Taufik Rabani @ Taufik Shah son of Ahmad Shah @ Ahmad Ali Residents
of Village -Koeigawan Jogi Tola, Barharia, P.S- Barharia, District -Siwan
Bihar.
8. Shakil shah @ Sakil Ahmad Son of Late Azimuddin Ahmad Residents of
Village -Koeigawan Jogi Tola, Barharia, P.S- Barharia, District -Siwan
Bihar.
9. Sabina Khatoon Daughter of Shabeb Shah @ Sajad Ahmad Residents of
Village -Koeigawan Jogi Tola, Barharia, P.S- Barharia, District -Siwan
Bihar.
10. Sanjida Begum @ Gudiya Khatoon Daughter of Gori Shah @ Gori
Mohammad Residents of Village -Koeigawan Jogi Tola, Barharia, P.S-
Barharia, District -Siwan Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
Patna High Court CR. MISC. No.82578 of 2025(2) dt.05-01-2026
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ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 120(2), 115(2), 303(2),
118(1), 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., these petitioners assaulted informant
and her family members by means of lathi, danda and knife as a
result of which several persons sustained injuries.
4. Learned counsel for the petitioners submits that on
account of land dispute, altercation took place between the
parties in which both sides sustained injuries. Case and counter
case. Allegation of assault is general and omnibus. Petitioners
claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, case and
counter case and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioners in
the event of their arrest/surrender before the court below within
a period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.82578 of 2025(2) dt.05-01-2026
3/3
Additional Chief Judicial Magistrate III, Siwan in connection
with Barharia P. S. Case No. 346 of 2025, subject to condition
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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