Wajid @ Md. Wajid Ali v. The State Of Bihar
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 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/- U √ T √