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Patna High Court

Md. SajjadversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that anticipatory bail cannot be granted as the petitioner is the principal assailant responsible for causing grievous injury.

Summary

The petitioner, Md. Sajjad, applied for anticipatory bail after being implicated in a case (PS No.534 of 2023) involving multiple offences under the IPC, including assault, robbery, and causing grievous hurt. The prosecution alleged that on 21 November 2023, the petitioner and others attacked an informant and his granddaughter, injuring the girl severely. The petitioner claimed innocence, alleging the case was false and motivated by political rivalry and a prior road accident involving the informant. The court examined the injury report, which confirmed a grievous head injury to the granddaughter, and found the petitioner to be the main assailant. Considering the seriousness of the alleged offences and the victim's injury, the court declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the alleged offences under the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • grievous hurt
  • false implication
  • political rivalry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87527 of 2025
                   Arising Out of PS. Case No.-534 Year-2023 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
                 Md. Sajjad Son of Late Md. Mobarak Hushain Resident of Ramnagar, P.S.-
                 Gaighat, District - Muzaffarpur, Bihar.
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vibhuti Kumar, Adv.
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                                                 Mr. Abhinav Shandilya, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bochaha P.S. Case No.534 of 2023 registered for the

                   offence under Sections 147, 341, 342, 325, 307, 506, 379, 149

                   of the IPC.

                                3. As per prosecution case, on 21.11.2023 at about

                   1:00 pm, the informant was going to drop his grand daughter

                   and to buy cement from the shop situated at Zero Mile Chowk.

                   The informant was having rupees two lakhs for purchasing the

                   cement. When he reached near Ratna Bricks Kiln in Unsar

                   Village, three-three persons on three motorcycle namely Md.

                   Sajjad, Md. Lalbabu and Md. Irfan, Md. Julfekar, Md. Danish,

                   Md. Varish, Md. Chhotu, Md. Aamir and Md. Sanaullahı
Patna High Court CR. MISC. No.87527 of 2025(3) dt.24-02-2026
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          surrounded them and they started assaulting the informant and

          his grand-daughter with Danda and iron-rod. The accused

          persons got the informant and his grand-daughter fell from the

          bike and when the informant's grand-daughter started crying,

          then, the accused Md. Sajjad attacked at her head and got her

          injured by which she became unconscious. On the alarm, the

          labour from the field and bricks kiln came there and saved them.

          In the meantime, the accused Md. Lalbabu and Md. Aamir took

          the bag of the informant containing Rs.2 lakhs and all the

          accused persons fled away giving threatening them. The

          informant took his grand-daughter to SKMCH, Muzaffarpur

          with the help of people from where she was referred to Patna,

          then, she was admitted in Tara Hospital Patna.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence as alleged

          in the FIR and he has falsely been implicated in this case.

          Further submits that on the alleged date of occurrence, the

          informant and his granddaughter had met with a major road

          accident, and take advantage of that accident, the informant has

          filed this false case, with whom the petitioner had pre-existing

          enmity. Further submits that due to political rivalry, the

          informant has filed this false and malicious case against the
          Patna High Court CR. MISC. No.87527 of 2025(3) dt.24-02-2026
                                                      3/3




                    petitioner.

                                  5. The learned APP as well as learned counsel for the

                    informant opposes the anticipatory bail application.

                                  6. After having gone through the records, it appears

                    that the petitioner is the main assailant who is alleged to have

                    assaulted on the head of the granddaughter of the informant by

                    which she sustained injury over head and fell down. The injury

                    report of the injured Nasreen Khatoon shows that she sustained

                    injury of swelling of size 4”x4” cm on the left parietal occipital

                    region and after seeing her NCCT head report, her injury has

                    been assessed as grievous by the doctor.

                                  7. Considering these facts and circumstances and

                    particularly taking note of the fact that the petitioner is a main

                    assailant who has assaulted the granddaughter of the informant,

                    which has led to grievances injury on her head, this Court is not

                    inclined to grant the anticipatory bail to the petitioner..

                                  8. Accordingly, the anticipatory bail application is

                    rejected.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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