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Patna High Court

Wajid @ Md. Wajid AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners.

Summary

The petitioners, a group of seven men from Sheikhtoli village, were implicated in a case arising from a land dispute where they were alleged to have assaulted an informant and others with various weapons on 06.07.2025. The FIR listed offences under several sections of the Bhartiya Nyaya Sanhita, 2023, including violent assault and attempt to murder. The petitioners claimed innocence, arguing that the allegations were false and that the prosecution had not produced the injury report of one victim and that the injuries to the other victims were simple. The court noted the admitted land dispute and the prosecution's failure to produce crucial medical evidence, finding the allegations to be general and omnibus. Consequently, the court granted anticipatory bail, directing the petitioners to surrender within four weeks and furnish a bail bond with sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bhartiya Nyaya Sanhita.
  • Whether the lack of injury report and the context of an admitted land dispute affect the merits of the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Section 482
  • injury report
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90636 of 2025
                     Arising Out of PS. Case No.-237 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
           1.     Wajid @ Md. Wajid Ali Son of Waliullah Sheikh @ Md. Waliullah
           2.    Sheikh Muntazir Alam @ Md. Muntajir Alam son of Sheikh Kayamul
                 Haque
           3.    Sheikh Geyasuddin @ Md. Geyasuddin son of Sheikh Molajim @ Molajim
           4.    Md. Najim Alam @ Najim son of Sheikh Ekramul Haque
           5.    Md. Dabir Alam @ Sheikh Dabir Son of Sheikh Kayamul Haque @ Md.
                 Kayamul Haque
           6.    Md. Shakil Alam @ Sheikh shakil son of Sheikh Kayamul Haque @ Md.
                 kayamul Haque
           7.    Aftab Alam Son of Sheikh Juman @ Md. Jahrur @ Jahur
                 All are resident of village- Sheikhtoli Laukhan, P.S -Ghorasahan, District
                 -East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Patanjali Rishi
                 For the Opposite Party/s :      Mr.Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   02-04-2026         1.   Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Ghorasahan Police Station Case No. 237 of 2025,

                            dated 21.07.2025, disclosing offences punishable under

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

                            of the Bhartiya Nyaya Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.90636 of 2025(3) dt.02-04-2026
                                            2/3




                   is that on 06.07.2025, while the informant was

                   constructing house over his land, the accused persons,

                   including the petitioners, came there variously armed and

                   started abusing the informant. The petitioner no. 1

                   wrapped a gamacha around the neck of the informant and

                   pulled him on the ground and assaulted him by fists and

                   slaps. Co-accused Waliullah assaulted Mohid on his head

                   by farasa, due to which he sustained injury on his head.

                   Co-accused Qyamul Haque assaulted Motibur Rahman by

                   sword on his head, due to which he sustained injury on

                   his head. The petitioner no. 1 assaulted Mustaque by axe

                   on his leg.

              4.   Learned Counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated

                   in this case due to admitted land dispute between the

                   parties. He further submits that there is general and

                   omnibus allegation against the petitioners and the injury

                   report of Mustaque, who has allegedly been assaulted by

                   the petitioner no. 1 by axe on his leg, has not been

                   brought on record by the prosecution. He further submits

                   that other two injured, namely, Mohid and Motiur

                   Rahman, have sustained simple injuries.
            Patna High Court CR. MISC. No.90636 of 2025(3) dt.02-04-2026
                                                        3/3




                          5.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the fact that

                               there is admitted land dispute between the parties, the

                               prosecution has failed to bring on record the injury report

                               of Mustaque and the injured, namely, Mohid and Motiur

                               Rahman, have sustained simple injuries, I am inclined to

                               grant the petitioners privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7.   Let the petitioners, above named, in the event of his arrest

                               or surrender before the Court below within a period of

                               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 learned Sub

                               Divisional Judicial Magistrate, Dhaka, East Champaran,

                               in connection with Ghorasahan Police Station Case No.

                               237 of 2025, subject to the condition laid down under

                               Section 482 (2) of the Bharatiya Nagarik Suraksha

                               Sanhita, 2023.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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