Allowed¶23

Sheikh Saheb @ Musa @ Saheb Hussain v. The State of Bihar

Patna HC8 Apr 2026CR. MISC./22170/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; CR. MISC. No.22170 of 2026; BNS Sections 191(2), 190, 115(2), 118(1), 303(2), 109, 352, 351(2); Section 482 B.N.S.S. conditions; paddy crop / land and partition dispute; Partition Suit No. 78 of 2025; cross FIR Gaunaha P.S. Case No. 02 of 2026; Gaunaha P.S. Case No. 03 of 2026; West Champaran; bail bond Rs. 10,000 with two sureties; close relative bailor; single judge S. B. Pd. Singh; decided 08-04-2026.

What did the court decide?

Anticipatory bail granted to both petitioners in Gaunaha P.S. Case No. 03 of 2026; release on bail in the event of arrest or surrender within four weeks, on bail bond of Rs. 10,000/- each with two sureties of like amount each, subject to Section 482 B.N.S.S. conditions and one bailor being a close relative of the petitioners. ¶23

Sheikh Saheb @ Musa @ Saheb Hussain Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, apprehending arrest in Gaunaha P.S. Case No. 03 of 2026 for offences under Sections 191(2), 190, 115(2), 118(1), 303(2), 109, 352 and 351(2) of the BNS, are entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: the Court extended the privilege of anticipatory bail to the petitioners in connection with Gaunaha P.S. Case No. 03 of 2026.

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Ratio / Principle

The petitioners are to be released on bail in the event of arrest or surrender within four weeks from the date of receipt of the order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah, West Champaran, in Gaunaha P.S. Case No. 03 of 2026, subject to the conditions under Section 482 of B.N.S.S. and with the condition that one of the bailors should be a close relative of the petitioners.

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Detailed headnote1 paragraphs

Anticipatory bail granted by the Patna High Court (S. B. Pd. Singh, J) to two petitioners apprehending arrest in Gaunaha P.S. Case No. 03 of 2026 for offences under Sections 191(2), 190, 115(2), 118(1), 303(2), 109, 352 and 351(2) of the BNS, arising from an alleged assault during harvesting of the informant's paddy crop. The Court noted the defence contention of a longstanding partition dispute between agnates (Partition Suit No. 78 of 2025), a counter version with injuries to five persons including the petitioners, and the cross-case Gaunaha P.S. Case No. 02 of 2026, with only lathi assault on the informant's brother specifically attributed to the petitioners. Release directed on arrest or surrender within four weeks on bail bond of Rs. 10,000/- each with two sureties of like amount each, subject to the conditions under Section 482 of B.N.S.S. and with one bailor being a close relative of the petitioners.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22170 of 2026

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Arising Out of PS. Case No.-3 Year-2026 Thana- GAUNAHA District- West Champaran

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======================================================

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1. Sheikh Saheb @ Musa @ Saheb Hussain S/o Sheikh Aras R/o Village - Bhataura, P.S - Shikarpur, District - West Champaran

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Safi Ahmad @ Enullah Son of Late Sheikh Sadik R/o Village - Bhataura, P.S - Shikarpur, District - West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sharad Kumar Verma Mr. Sagar Kumar Mr. Harsha Sashwat For the Opposite Party/s : Mr. Sanjay Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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2 08-04-2026

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners are apprehending their arrest in connection with Gaunaha P.S. Case No. 03 of 2026 for the offence under Sections 191(2), 190, 115(2), 118(1), 303(2), 109, 352 and 351(2) of the BNS.

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As per prosecution case, on the date of occurrence, the while informant was harvesting his paddy crop, all the F.I.R. named accused persons variously armed, forming an unlawful assembly came to the field and started objecting the informant to harvest the paddy. When the informant’s brother, Sheikh Istekhar, asserted his right over his share of land, the accused

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Patna High Court CR. MISC. No.22170 of 2026(2) dt.08-04-2026 2/4

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persons started abusing him. Upon protest, accused Sheikh Baitullah exhorted others to kill him. Acting upon such instigation, accused Sheikh Paigam assaulted Sheikh Istekhar with an axe on his head, causing grievous injuries, as a result of which he fell down on the ground. Thereafter, accused Sheikh Saheb @ Musa and Safi Ahmed assaulted him with sticks on his left hand, back, and waist, causing further serious injuries. When the informant intervened to rescue his brother, accused Sheikh Tabrez struck him on the head with an iron rod, causing multiple bleeding injuries. Thereafter, accused Sheikh Aras and Sheikh Imran assaulted him on his back and waist with sticks, causing him to fall down.

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Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence as alleged in the F.I.R. It is contended that there exists a longstanding partition dispute between the parties, who are agnates. In order to resolve the said dispute, Partition Suit No. 78 of 2025 was instituted from the side of the petitioners, which led to animosity on the part of the prosecution party. It is further submitted that, in fact, the prosecution party, being aggrieved by the said civil proceeding, formed an unlawful assembly and, consisting of 14 named and 9–10 unknown persons, came to the

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Patna High Court CR. MISC. No.22170 of 2026(2) dt.08-04-2026 3/4

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land of the petitioners and assaulted them, causing injuries to as many as five persons, including the petitioners. In connection with the said occurrence, Gaunaha P.S. Case No. 02 of 2026 was instituted at the instance of the cousin of the petitioners against the informant and other accused persons of the present case. Learned counsel further submits that, as per the allegations made in the F.I.R., the only specific accusation against the petitioners is that they assaulted the informant’s brother on his waist and hand by means of lathi. Apart from this, there are only general and omnibus allegations against the petitioners along with other accused persons without any specific attribution of overt acts. It is also contended that from bare perusal of the F.I.R., it clearly transpires that the present case arises out of a land dispute between the parties. Further, it has been specifically stated in paragraph 3 of the bail application that the petitioners have clean antecedents and have never been involved in any criminal case earlier.

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Learned APP opposes the prayer for bail.

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Keeping in view the aforesaid facts, this Court is inclined to extend them the privilege of anticipatory bail.

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Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the

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Patna High Court CR. MISC. No.22170 of 2026(2) dt.08-04-2026 4/4

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date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Bettiah, West Champaran, in connection with Gaunaha P.S. Case No. 03 of 2026 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioners.

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(S. B. Pd. Singh, J)

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Ankit Kumar/-

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U T

Sheikh Saheb @ Musa @ Saheb Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sheikh Saheb @ Musa @ Saheb Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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