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Patna High Court

Bhabhuti Rajak @ Naushad Miya @ Naushad AliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is denied to petitioner no. 1 but granted to petitioner no. 2 subject to statutory conditions.

Summary

The petitioners, Bhabhuti Rajak (Naushad Miya) and Maksud Raj, sought anticipatory bail in connection with FIR No. 290/2025 alleging assault on an informant with a lathi and knife, resulting in grievous injuries. The FIR charges them under several sections of the B.N.S. Act, 2023, and the petitioners claim they have clean antecedents and are falsely implicated. The court examined the specific allegation and medical evidence against petitioner no. 1, finding a direct charge of knife assault causing grievous hurt, and therefore denied anticipatory bail to him. For petitioner no. 2, the court noted the absence of any specific allegation in the FIR and his clean record, and granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S. Act. The order also imposed strict compliance conditions, including cooperation with the trial and non‑tampering with evidence.

Issues considered

  • Whether anticipatory bail should be granted to petitioner no. 1 (Bhabhuti Rajak) in view of the specific allegation and medical evidence.
  • Whether anticipatory bail should be granted to petitioner no. 2 (Maksud Raj) in the absence of a specific allegation and given his clean antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • grievous hurt
  • false implication
  • Section 438 CrPC
  • Section 482 B.N.S.
  • medical evidence
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89584 of 2025
                       Arising Out of PS. Case No.-290 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
           1.     Bhabhuti Rajak @ Naushad Miya @ Naushad Ali Son of Late Habib @ Late
                  Habib Miya Resident of Village- Amaw, Police Station- Baniyapur, District-
                  Saran
           2.    Maksud @ Maksud Raj Son of- Late Habib @ Late Habib Miyan Resident
                 of Village - Amav, Police Station - Baniyapur, District -Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ankur Prakash Sinha, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                    Heard Mr. Ankur Prakash Sinha, learned counsel for

                   the petitioners and Mr. Syed Ehteshamuddin, learned APP for

                   the State.

                                   2. The petitioners are apprehending their arrest in

                   connection with Baniyapur P.S. Case No. 290 of 2025, F.I.R.

                   dated 28.06.2025 registered for the offences punishable under

                   Sections 127(1), 115(1), 118(1), 109, 351(2), 352, 3(5) of the

                   B.N.S.

                                   3. Allegation against the petitioners is that they

                   along with other co-accused persons have assaulted the

                   informant with lathi on head. There is allegation of assault by

                   knife on the head of the informant by accused petitioner namely
Patna High Court CR. MISC. No.89584 of 2025(2) dt.12-01-2026
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          Bhabhuti Rajal @ Naushad Miya due to which causing injury

          on the head.

                       4. Learned counsel for the petitioners submits that the

          petitioners have clean antecedents and they have been falsely

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioners have not committed any offence as alleged in the

          F.I.R.    As per allegation in the F.I.R. the petitioner no. 1,

          namely, Bhabhuti Rajak @ Naushad Miya @ Naushad Ali has

          assaulted the informant by means of knife and as per allegation

          against the petitioner no. 2, namely, Maksud @ Maksud Raj is

          that there is no specific allegation against him in the F.I.R. and

          the injury report of the informant suggests that he has received

          injury which is quoted below:

                    “ cut wound over back chest 2’’ x ½’’ & NCCT done,

                   of fracture of left temporal bone is found & patient

                   was referred to P.M.C.H. where he was admitted till

                   05.07.2025. Left side lung contusion (haemothorox)

                   injuries are found to be grievous in nature due to

                   sharp instrument & due to hard & blunt object”.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.89584 of 2025(2) dt.12-01-2026
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                       6.    Considering the aforesaid facts that there is

          specific and direct allegation against petitioner no. 1 supported

          by medical evidence as well as injury inflicted upon the

          informant is grievous in nature, I am not inclined to grant the

          privilege of anticipatory bail to the petitioner no. 1, namely,

          Bhabhuti Rajak @ Naushad Miya @ Naushad Ali in connection

          with Baniyapur P.S. Case No. 290 of 2025. Prayer for

          anticipatory bail of petitioner no. 1, namely, Bhabhuti Rajak @

          Naushad Miya @ Naushad Ali is rejected.

                       7. As regards the petitioner no. 2, namely, Maksud @

          Maksud Raj is concerned, there is no specific allegation against

          him in the F.I.R. and apart from that petitioner no. 2 having

          clean antecedent, let the petitioner no. 2, above named, in the

          event of his arrest or surrender before the court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Judicial Magistrate 1st Class, Saran at

          Chapra in connection with Baniyapur P.S. Case No. 290 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure/ Section 482(2) of

          BNSS, 2023 and with other following conditions :-
               Patna High Court CR. MISC. No.89584 of 2025(2) dt.12-01-2026
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                                      (1) Petitioner no. 2 shall co-operate in the trial and

                         shall be properly represented on each and every date fixed by

                         the Court and shall remain physically present as directed by the

                         Court and on his absence on two consecutive dates without

                         sufficient reason, his bail bond shall be cancelled by the Court

                         below.

                                      (2) If the petitioner no. 2 tampers with the evidence

                         or the witness, in that case, the prosecution will be at liberty to

                         move for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner no. 2 and in case

                         at any stage, it is found that the petitioner no. 2 has concealed

                         his criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner no. 2. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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