Gulia @ Md Nehal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 79660 of 2025 Arising Out of PS. Case No.-272 Year-2025 Thana- DHAKA District- East Champaran ====================================================== 1.
Gulia @ Md Nehal son of S.K. Bahadur @ Sheikh Bahadur@ Jasmuddin Resident Of Village- Jamua, Ps. -Dhaka, District -East Champaran 2.
Neyaz Son of S.K. Bahadur @ Sheikh Bahadur@ Jasmuddin Resident Of Village- Jamua, Ps. -Dhaka, District -East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Ramakant Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Dhaka P.S. Case No. 272 of 2025, dated 02.06.2025, lodged under Sections 126(1), 118(1), 117(3), 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), pending before the Court of S.D.J.M at Dhaka.
3. As per the prosecution, FIR has been lodged against seven named accused persons, including the present petitioners, alleging that the accused abducted the informant, and a specific allegation has been made against petitioner No. 1 that he pulled
Patna High Court CR. MISC. No. 79660 of 2025(2) dt.03-12-2025 2/3 out all the fingernails of the informant's right hand and left foot with pliers (pilaas), with the intention to kill him and he also pierced an iron rod through his thigh from one side to the other. The other co-accused persons also brutally assaulted him with iron rods. The specific allegation against the petitioner No. 2 is that, with the intention to kill the informant, he attempted to electrocute him by applying a live electric wire to his body, after which the victim lost consciousness. Thereafter, the accused persons carried his unconscious body and threw him near a pond located beside a chimney, assuming he had died.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that two other co-accused persons have moved before this Court in Cr. Misc. No. 71686 of 2025, and vide order dated 13.10.2025, this Court has called for the case diary.
5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that, in the aforementioned case in which the case diary has been called for, there were no specific allegations, however, in the present case, specific allegations have been levelled against the petitioners, which are evident from the FIR, namely that petitioner No. 1 pulled out all the fingernails of the informant's right hand and
Patna High Court CR. MISC. No. 79660 of 2025(2) dt.03-12-2025 3/3 left foot with pliers (pilaas), with the intention to kill him and the petitioner No. 2 attempted to electrocute him by applying a live electric wire to his body.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. As such, considering the heinous allegations against the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail is hereby rejected.
(Dr. Anshuman, J.) Aman Kumar/- U T