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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82636 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- Kachna District- Katihar ====================================================== Shyamakant Majumdar Son of sushil Majumdar Resident Of Village- Ganjan, Ps- kachana, dist- katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85366 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- Kachna District- Katihar ====================================================== Musaraf @ Md. Musarraf @ Md. Musharraf S/o Md. Arif R/o - Jokalbari, P.S - Kachna, District - Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 82636 of 2025) For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP (In CRIMINAL MISCELLANEOUS No. 85366 of 2025) For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 17-12-2025 Both the applications are arising out of the same police station case and, as such, with the consent of the parties, the same are being heard together and disposed of by this common order. 2. Heard the parties. 3. The petitioners are apprehending their arrest in connection with Kachna P.S. Case No. 59 of 2025 registered for the offences punishable under Sections 191(2), 190, 132, 115(2),
Patna High Court CR. MISC. No.82636 of 2025(2) dt.17-12-2025 2/3 109, 49, 54, 324(4), 352, 351(2), (3) of the Bharatiya Nyaya Sanhita, 2023. 4. The allegation against the petitioners is of creating ruckus in the premise of the police station and pressurizing the police personnel to release one Md. Sultan, who was taken into custody in connection with Kachna P.S. Case No. 58 of 2025. The petitioners along with other hooligans snatched mobile of the police personnel, besides the allegation of ransacking the articles and assault. 5. Learned Advocate for the petitioners submitted that besides the omnibus nature of allegation against 25 named accused persons, including the petitioners, as well as 50-60 unknown persons, there is no specific accusation against the petitioners of causing any overt act. Only on account of the fact that the petitioners are the local residents and on hulla they reached to the police station and finding their presence nearby the police station, implicated the name of the petitioners in this case. It is further contended be that as it may in the said occurrence none has sustained any injury and the petitioners undertake that they will fully cooperate in the proceeding of the court. 6. On the other hand, learned APP for the State vehemently opposes the bail application and submits that active participation of the petitioners is writ large, as they have created
Patna High Court CR. MISC. No.82636 of 2025(2) dt.17-12-2025 3/3 ruckus in the police station premise and destroyed various articles and also caused obstruction in discharge of the official duty and, as such, the petitioners do not deserve for anticipatory bail. 7.
Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation coupled with the fact that in the incident none has sustained any injury, besides the undertaking, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this
order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Katihar in connection with Kachna P.S. Case No. 59 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.
uday/- (Harish Kumar, J) U T