Created by Fuzzy Cloud

Patna High Court

Md. Naushad @ Md. Amanullah @ Amanullah @ Md. Naushad AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the court was not inclined to grant relief given the serious nature of the alleged assault.

Summary

The petitioner, Md. Naushad, sought anticipatory bail after being implicated in a FIR (Case No. 397 of 2025) alleging that he, along with others, assaulted an informant with an iron rod, causing grievous injury, and committed offences under several IPC sections. The prosecution alleged that the accused entered the informant’s house armed, abused him, and destroyed property before the assault. The petitioner’s counsel argued that he has a single prior criminal record, the charges are fabricated, and the case stems from a land dispute and personal enmity. The State opposed the bail, emphasizing the seriousness of the assault on a vital part of the body. The court, noting the direct allegation of a grievous assault, declined to grant anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged assault causing grievous injury.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • false implication
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91975 of 2025
                   Arising Out of PS. Case No.-397 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Md. Naushad @ Md. Amanullah @ Amanullah @ Md. Naushad Alam S/O
                 Jilani @ Dr. Jilani @ Mohammand Ghulam Jilani Resident of village- Pakri
                 Barawan Mustaka Nagar, P.S.- Pakri Barawan, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Thakur, Advocate
                                          :      Mr. Arjun Prasad, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Nath Jha. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Pakri Barawan P.S. Case No. 397 of 2025, registered for

                   the offences punishable under Sections 191(2), 190, 329(3),

                   324(2), 126(2), 115(2), 110, 352 of BNS, 2023.

                                 3. The case of the prosecution, in short, is that on

                   30.09.025, all the accused persons as named in the FIR

                   including the petitioners came armed with weapons to the house

                   of informant and started abusing him and destroying the

                   household articles, and when it was objected to, then it is

                   alleged that Md. Naushad assaulted the informant with irod rod

                   on his head as a result of which he was injured. Accordingly,
          Patna High Court CR. MISC. No.91975 of 2025(2) dt.15-01-2026
                                                      2/2




                    this FIR was registered.

                                 4. Learned counsel for the petitioner submits that the

                    petitioner has one criminal antecedent. The entire prosecution

                    story is false, fabricated and concocted. Learned counsel for the

                    petitioner submits that petitioner has been falsely implicated in

                    this case due to land dispute and previous enmity.

                                 5. Learned A.P.P. for the State opposes the prayer of

                    anticipatory bail.

                                 6. Considering the fact that there is a direct allegation

                    against the petitioner of assaulting the informant on his head

                    which is a vital part of the body and the injury sustained is

                    grievous in nature. Under these circumstances, the Court is not

                    inclined to grant anticipatory bail to the petitioner.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.