Fazal Hussain @ Tinku Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.733 of 2026 Arising Out of PS. Case No.-221 Year-2021 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Fazal Hussain @ Tinku Hussain S/O Raham @ Rahman @ Shekh Rahman Resident of village- Balha Ali Mardanpur P.S.- Bhagwanpur Hat, Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on account of dispute relating to children, Sheikh Shahrukh assaulted Sheikh Gulam Kausar by knife and repeated the blow thrice causing injury on his chest and petitioner assaulted the mother of Sheikh Gulam Kausar by knife causing injury on her chest. It is next alleged that Sheikh Saddam snatched chain and ear-ring worth Rs.75,000/- from the informant's sister-in-law and the women accused took away ornaments and cash.
Patna High Court CR. MISC. No.733 of 2026(2) dt.18-02-2026 2/3
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that on account of dispute amongst children the occurrence is alleged to have taken place. It is next submitted that Bhagwanpur Hat P.S. Case No. 232 of 2021 has been instituted against the informant and others.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is alleged to have assaulted the mother of Gulam by knife causing injury and the injury has been opined to be grievous as would manifest from the order impugned. It is further submitted that the case is of the year 2021 and the petitioner at his leisure in year 2026 has moved before this Court seeking anticipatory bail. It is next submitted that Sheikh Shahrukh @ Shahrukh Ali @ Sheikh Sharukh had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 24372 of 2022 and the same came to be rejected by an order dated 09.11.2022.
6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Bhagwanpur Hat P.S. Case No. 221 of 2021 pending in the Court of learned Judicial Magistrate, 1st Class, Siwan/Successor
Patna High Court CR. MISC. No.733 of 2026(2) dt.18-02-2026 3/3 Court.
7. Hence, the prayer for anticipatory bail is rejected.
8. Let a copy of this order be sent to the Superintendent of Police, Siwan for his perusal. (Satyavrat Verma, J) Kundan/- U T