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Patna High Court

Sheikh Sajeed Anwar @ Sajid AnwarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted as the case was not fit for such relief given the grievous nature of the alleged injury.

Summary

The petitioner, Sheikh Sajeed Anwar, sought anticipatory bail after an FIR was lodged under multiple sections of the Bhartiya Nayay Sanhita, 2023, alleging that he inflicted a grievous injury on the informant. The prosecution alleged that the petitioner assaulted the informant, causing serious injuries that required hospitalization. The petitioner’s counsel argued for innocence, while the State’s counsel highlighted the seriousness of the injuries. The court examined the allegations and concluded that the case was not suitable for anticipatory bail due to the grievous nature of the injuries. Consequently, the anticipatory bail application was rejected, with the court directing that if the petitioner surrenders within four weeks, a regular bail application may be considered promptly.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged grievous injury
  • Whether the seriousness of the alleged offenses under the Bhartiya Nayay Sanhita, 2023 precludes anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • criminal procedure
  • Bhartiya Nayay Sanhita
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90090 of 2025
                   Arising Out of PS. Case No.-316 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Sheikh Sajeed Anwar @ Sajid Anwar Son of Zainul Miya @ Zainul Miyan @
                 Sheikh Jainul Haque Resident of Village- Andhra, P.S.- Adadpur, District-
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr.Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   15-01-2026                    Heard Mr. Madhurendra Kumar, learned counsel for

                   the petitioner and Mr. Mohammed Arif, learned APP.

                                2. The petitioner is apprehending arrest in connection

                   with Adapur P.S. Case No. 316                   of 2025 instituted under

                   Sections 115(2), 126(2), 303(2), 118(1), 109, 76, 351, 352, 3(5)

                   of Bhartiya Nayay Sanhita, 2023 lodged on 28.08.2025 by the

                   informant, Islamun Nisha.

                                3. As per the prosecution story, the informant alleged

                   that while returning home, the co-accused Zainul Miyan abused

                   him and later, it is alleged that the petitioner gave Farsa blow

                   causing injury. He was shifted to Primary Health Centre, Adapur

                   and then Sadar Hospital, Motihari. This led to the FIR.

                                4. Though, learned counsel for the petitioner tried to
             Patna High Court CR. MISC. No.90090 of 2025(2) dt.15-01-2026
                                                         2/2




                       prove innocence of the petitioner, learned APP has taken this

                       Court to the learned Sessions Judge order to show the injuries

                       given by this petitioner has been found to be grievous in nature.

                                    5. Considering the submissions of the parties as also

                       the allegation that has come against the petitioner, certainly, this

                       is not a fit case for grant of anticipatory bail. Accordingly,

                       anticipatory bail application of the petitioner is rejected.

                                    6. However, if the petitioner surrenders before the

                       court concerned within a period of four weeks and files bail

                       application, the same shall be taken up and dispose it of,

                       preferably, on the same day.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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