Patna High Court
Sheikh Sajeed Anwar @ Sajid AnwarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351, 352, 76
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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