Jamal Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39896 of 2026 Arising Out of PS. Case No.-125 Year-2026 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

Jamal Ahmad S/O Noor Hasan R/O Village- Asandi Mahuwa, P.S.- Kuchaikote, District- Gopalganj.

2.

Shahida Khatoon W/O Jamal Ahmad R/O Village- Asandi Mahuwa, P.S.- Kuchaikote, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 109, 352, 351(2), 303(2) and 3(5) of the B.N.S., 2023.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.2 is a woman and is wife of petitioner no.1 and the informant alleges that on 14.03.2026 at 10.30 A.M. he had gone on his land and saw the three named accused persons including the petitioners constructing house on his land, on objection, they abused and assaulted and when his brother Mobin came to save

Patna High Court CR. MISC. No.39896 of 2026(3) dt.27-07-2026 2/3 him, the accused persons assaulted Mobin by an iron rod causing injury on head and thereafter assaulted the informant by knife causing injury on head and petitioner no.2 snatched Rs.7000/-.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that no specific allegation of assault is alleged against petitioner no.2. It is next submitted that petitioner no.1 is nephew of the informant and are having dispute relating to land. It is also submitted that though it is alleged that informant was assaulted by knife causing injury on head but then from perusal of the injury report, it would manifest that the injury has been opined to be caused by hard and blunt substance, as such, allegation of assault by knife stands belied. It is next submitted that swelling on nose has been opined to be grievous but then there is no specific allegation of assaulting the injured on nose.

It is also submitted that petitioners are not criminals and on account of dispute relating to property, the occurrence is alleged to have taken place. It is also submitted that if privilege of anticipatory bail is granted, the petitioners will not abscond rather with cooperate in the investigation to prove their innocence.

Patna High Court CR. MISC. No.39896 of 2026(3) dt.27-07-2026 3/3 Partition Suit No.55 of 2026 is going on in between the parties.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Kuchaikote P.S. Case No.125 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Satyavrat Verma, J) amit/- U T