Patna High Court
Md. Naushad @ Md. Amanullah @ Amanullah @ Md. Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
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
- Indian Penal Code — s. 110, 115(2), 126(2), 190, 191(2), 324(2), 329(3), 352
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
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