Patna High Court
CR. MISC./24758/2026 of Shiekh Eklakh @ Eklakh Hussain Vs The State of Bihar on 21 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24758 of 2026 Arising Out of PS. Case No.-319 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Shiekh Eklakh @ Eklakh Hussain son of Shiekh Sharif Resident of Village- Janerwa
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24758 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- BANJARIA District- East Champaran ======================================================
Shiekh Eklakh @ Eklakh Hussain son of Shiekh Sharif Resident of Village- Janerwa ,P.S-Banjariya ,District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
21-07-2026 Heard learned counsel for the petitioner, Mr. Vijay Shankar Shrivastava and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner is apprehending his arrest in connection with Banjaria P.S. Case No. 319 of 2025 for the offence under sections 191(2), 190, 126(2), 115(2), 109, 74, 303(2), 329(2), 324(4), 352 and 351(2) of the BNS lodged on 11.06.2026 by the informant, Manjarul Haq.
3. As per the prosecution story, the informant alleged that while he was sitting at his door, the accused, Emamul Haque was roaming on a motorcycle with loud noise. As two patients are there in the family, the informant objected whereafter, the accused arrived with iron rod and ‘farsa’ etc and assaulted the informant’s side.
Patna High Court CR. MISC. No.24758 of 2026(3) dt.21-07-2026
4. Allegation is that Sheikh Sarif gave order whereafter, this petitioner gave iron rod blow to the informant’s son causing injury on his head. When the informant tried to save his son, Md. Shakir assaulted him by lathi on the head. As his wife came to the rescue, allegation is that she was also assaulted and her modesty were outraged. This led to the FIR.
5. Learned counsel for the petitioner submits that only one blow has been assigned to this petitioner, there is abrasion on the head and there is case and counter-case.
6. Learned APP opposes the prayer submitting that the injury report shows the injury to be grievous in nature.
7. Considering the submission of the parties as also the fact that the injury has been found to be grievous in nature, no relief can be extended to the petitioner.
8. The anticipatory bail application stands rejected.
Adnan/- (Rajiv Roy, J) U T