Patna High Court
Wajid @ Md. Wajid AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
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/-
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