Patna High Court
Sahanwajul Islam @ Shahnawajul Islam @ Md. Sahwajul IslamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, Sahanwajul Islam and Merajul Islam, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and the Prevention of Witch Practices Act. The prosecution alleged that a co-accused, Kamre Alam, assaulted an informant and her son, and that the petitioners inflicted knife blows on the son’s neck. The petitioners contended that the FIR was lodged two days after the incident without justification, that there was a counter‑case, and that the injury report did not corroborate the prosecution’s claim of grievous injury. The State opposed the grant of anticipatory bail. After considering the submissions and the circumstances, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S., 2023. The order was made on the condition that the petitioners surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the delay in filing the FIR and the nature of the injury report justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 3(5), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Prevention of Witch Practices Act
- FIR delay
- injury report
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88388 of 2025
Arising Out of PS. Case No.-196 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
1. Sahanwajul Islam @ Shahnawajul Islam @ Md. Sahwajul Islam S/O Atahrul
Islam @ Atrul Islam @ Atharul Islam Resident of village - Asraha, Police
Station - Keoti, District - Darbhanga
2. Merajul Islam @ Md. Merajul Islam S/O Atahrul Islam @ Atrul Islam @
Atharul Islam Resident of village - Asraha, Police Station - Keoti, District -
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in a case instituted
under Sections 126(2), 115(2), 352, 74, 109 and 3(5) of the
B.N.S. and Sections 3 and 4 of Prevention of Witch Practices
Act.
3. As per prosecution case, on the alleged date of
occurrence, the named accused Kamre Alam started abusing the
informant by saying Dain and on protest, accused Kamre Alam
caught her, due to which her dress was torn. On hulla,
informant’s son came to save her, then co-accused Kamre Alam
gave iron blow on his head due to which he sustained injury.
Patna High Court CR. MISC. No.88388 of 2025(2) dt.09-01-2026
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Petitioners are alleged to have inflicted knife blows on the neck
of informant’s son.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case. The F.I.R. has been lodged after delay of two days without
any plausible explanation. There is a case and counter case
between both the parties. It is further stated that as per the injury
report of the injured, it appears that the injury to the injured is
found to be simple in nature caused by hard and blunt substance
but NCT Brain DMCH (Medanta Injury Report) is grievous in
nature which does not corroborate the prosecution case. The
petitioners have one criminal antecedent in which they are on
bail. Petitioners undertake to cooperate in the investigation and
trial.
5. Learned A.P.P. for the State opposes 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 on furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned concerned
Patna High Court CR. MISC. No.88388 of 2025(2) dt.09-01-2026
3/3
court in connection with Keoti P.S. Case No.196 of 2025,
subject to the conditions as laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
harish/-
U T
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