Patna High Court

Shahjad Ali Peshar @ Shahjad Ali @ Mohammad Sahzad Ali @ Md. Shahjad AliversusThe State of Bihar

Decided: 15 January 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SANDEEP KUMAR

Holding

The court partially allowed the bail application, directing release on bail for petitioners 2 and 3 subject to conditions.

Summary

The petitioners, Shahjad Ali's wife Shamima Khatoon and Mohammad Kajim Miyan, sought bail in a criminal case (Panchrukhi P.S. Case No. 164 of 2025) where they were accused of assaulting an informant in a land dispute, charged under several sections of the Bihar Negotiable Sale Act, 2023. The petitioner's counsel withdrew the application for Shahjad Ali, leaving the bail application for the remaining two petitioners. The court noted that the prosecution alleged the two petitioners were falsely implicated and that the allegations were general and omnibus. Relying on Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bihar Negotiable Sale Act, the court partially allowed the bail application. It ordered that if the petitioners are arrested or surrender within four weeks, they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the usual conditions.

Issues considered

Whether bail should be granted to the petitioners under Section 438(2) of the CrPC and Section 482 of the Bihar Negotiable Sale Act despite the serious charges.
Whether the allegations against the petitioners constitute sufficient ground to deny bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
Criminal Procedure Code
Section 438
Section 482
land dispute
false implication
assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88628 of 2025
                     Arising Out of PS. Case No.-164 Year-2025 Thana- PANCHRUKHI District- Siwan
                 ======================================================
           1.     Shahjad Ali Peshar @ Shahjad Ali @ Mohammad Sahzad Ali @ Md.
                  Shahjad Ali S/o Azirullah @ Azirullah Ali Resident of Village-
                  Mohammadpur, Sahtakiya, P.S.- Panchrukhi, Dist.- Siwan (Bihar)
           2.    Shamima Khatoon W/o Shahjad Ali Peshar @ Shahjad Ali @ Md. Shahjad
                 Ali Resident of Village- Mohammadpur, Sahtakiya, P.S.- Panchrukhi, Dist.-
                 Siwan (Bihar)
           3.     Mohammad Kajim Miyan @ Md. Kajim S/o Fakira Miyan Resident of
                  Village- Mohammadpur, Sahtakiya, P.S.- Panchrukhi, Dist.- Siwan (Bihar)
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Adarsh Singh
                 For the Opposite Party/s :      Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. Learned counsel for the petitioner prays for and

                   is permitted to withdraw this application on behalf of the

                   petitioner no. 1.

                                   3. Accordingly, this application is dismissed as

                   withdrawn with regard to petitioner no. 1 and now this

                   application is restricted to petitioner nos. 2 and 3 only.

                                   4. The petitioner nos. 2 and 3 apprehends their

                   arrest in connection with Panchrukhi P.S. Case No. 164 of 2025

                   registered for the offence under Sections 126(2), 115(2), 118(1),

                   109, 352, 351(2), 3(5) of the BNS, 2023..
          Patna High Court CR. MISC. No.88628 of 2025(2) dt.15-01-2026
                                                      2/2




                                    5. As per the prosecution case, the petitioners are

                    accused of assaulting the informant because of land dispute.

                                    6. It has been submitted by the learned counsel for

                    the petitioners that the petitioner nos. 2 and 3 are innocent and

                    they have falsely been implicated in this case. He further

                    submits that there is general and omnibus allegation against the

                    petitioner nos. 2 and 3.

                                    7. Considering the aforesaid facts, this application

                    is partly allowed with regard to petitioner nos. 2 and 3 only.

                                    8. Let the petitioner nos. 2 and 3 above named, in

                    the event of their arrest or surrender before the concerned Court

                    below within four weeks from today, be released on bail on

                    furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

                    sureties of the like amount each to the satisfaction of the learned

                    Principal District and Sessions Judge, Siwan/concerned Court

                    below in connection with Panchrukhi P.S. Case No. 164 of

                    2025, subject to the conditions laid down in Section 438(2) of

                    the Code of Criminal Procedure, 1973 / Section 482 of the

                    BNSS.


                                                                (Sandeep Kumar, J)
Vikas/-
U

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