Patna High Court
Anwarul Haque @ Md. Anwarul HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied pre‑arrest bail, holding that the seriousness of the allegations and the evidence on record do not justify release.
Summary
The petitioner, Anwarul Haque, sought pre‑arrest bail after the police registered a case alleging his participation in a brutal assault on the informant’s family, resulting in injuries and the death of the informant’s uncle. The prosecution alleged that the petitioner assaulted the deceased on the head using various weapons. The court examined the seriousness of the charges, which included offences under sections 191(2), 191(3), 190, 126, 115(2), 117(1), 118(1), 109, 103(1), 352 and 351(2) of the Bihar Penal Code. Considering the gravity of the alleged offences and the material evidence on record, the court found no sufficient ground to grant bail. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the alleged offences
Subjects
- pre‑arrest bail
- criminal procedure
- assault
- murder
- sections 191,190,126,115,117,118,109,103,352,351
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88976 of 2025
Arising Out of PS. Case No.-498 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Anwarul Haque @ Md. Anwarul Haque S/o Md. Alauddin @ Master
Alauddin R/o vill - Tipau, P.S.- Wazirganj, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar , Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 191 ( 2 ), 191 (3) , 190,
126, 115 ( 2 ), 117 (1) , 118 (1) , 109, 103 (1) , 352 and 351 ( 2 )
of BNS.
3 . As per the prosecution case , allegation against this
petitioner is that he along with other co-accused persons brutally
assaulted family members of informant by means of lathi,
danda, farsa , bhala , garasa and butt of pistol, as a result of
which they sustained injuries and during course of treatment,
uncle of informant died. Petitioner is alleged to have assaulted
on the head of deceased.
4. Considering the nature of accusation , materials
Patna High Court CR. MISC. No.88976 of 2025(2) dt.10-02-2026
2/2
available on record and gravity of offence , prayer for pre-arrest
bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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