Order 1 090926aba774.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 774 OF 2026. Mohammad Faiyaz Mohammad Zaheer - VERSUS - State of Maharashtra. __________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri A.J. Thakkar, Advocate for the Applicant. Ms S.S. Dhote, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : SEPTEMBER 09, 2026. Heard learned Counsel for the parties. 2. The applicant is apprehending his arrest in connection with Crime No.348/2026 registered with Shegaon Police Station, District Buldhana for the offences punishable under Sections 118[1], 115[2], 351[2], 352 and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The first information report came to be filed by Samina Bano Mushtaq Khan, alleging that there was a dispute in Rgd. 2026:BHC-NAG:11992 Order 2 090926aba774.26 respect of a piece of land between the accused persons and informant’s side. On 20.05.2026, when accused-Hamid was undertaking some construction work on the piece of land belonging to informant party, husband of informant asked him the reason for making construction on their side for which informant’s husband was abused by the accused Hamid. When son of informant tried to intervene, other accused persons along with the applicant came with hockey sticks and assaulted informant’s husband and son on their person and also abused them. Further it is alleged that the applicant assaulted the informant with fist and kick blows, and threatened them with dire consequences. Hence, the report. 4. The learned Counsel for the applicant submits that so far as the role of applicant is concerned, he has only given fist and kicks blows to the informant. The allegations in the first information report are exaggerated and infact no hockey stick was used by the applicant. Therefore, the applicant deserves to be granted anticipatory bail. 5. On the other hand, the learned A.P.P. vehemently opposes the application by submitting that two persons were injured in the incident. Applicant and other co-accused person Rgd. Order 3 090926aba774.26 assaulted the injured persons with the help of sticks and that one stick was seized from the spot of incident. She further submits that the third accused Hamid Khan, has also assaulted with the help of stick. Hamid Khan and Adil Khan were granted regular bail. Learned A.P.P. contends that the injuries caused to injured persons goes to show that they are grievous in nature, and surgery was required to be conducted. My attention was invited to the statement of injured persons, wherein according to the learned A.P.P. both of them have disclosed name of applicant as main assailant. However, considering the seriousness of the offence, the applicant does not deserve to be granted anticipatory bail. 6. I have considered the rival submissions of the parties. It appears that there was some land dispute in respect of a plot between both the parties, out of which the incident took place on 20.05.2026. It is alleged in the first information report and in statement of witnesses, that present applicant and co- accused Adil has assaulted two injured persons with the help of hockey sticks. It appears that the injures were caused on leg, head and hands. Perusal of injury certificate of Ejaz reveals that there are 4 Blunt Trauma on back of neck, left knee, left elbow Rgd. Order 4 090926aba774.26 and lower back, and there is also fracture to the left tibia, which was classified as grievous injury. Further injury certificate of injured Mustaq shows that he has sustained fracture of lateral condyle of tibia, which was also classified as grievous injury, and he was advised surgery. As per the submission of the learned A.P.P. that opinion was sought as regards the weapon, and injury caused, and it was opined that injuries are possible by hockey sticks. Considering the seriousness and gravity of the offence and the injures sustained by the injured, coupled with the statements of injured persons, I am of the considered view that the applicant and others have played an important role in assaulting both the injured persons, therefore, I am not inclined to grant anticipatory bail to the application. Criminal Application is therefore, rejected. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 10/09/2026 10:15:08