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2025 DAILYLAW 112003 (PAT)

Md. Mustak v. The State of Bihar

CR. MISC./65344/2025 · 2025-11-11

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65344 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- MEHSI District- East Champaran ====================================================== 1. Md. Mustak S/o Md. Islam R/o Village - Amwa, P.S - Mehsi, District- East Champaran 2. Samshad Alam S/o Akhter Miya @ Shekh Akhter R/o Village - Amwa, P.S - Mehsi, District- East Champaran 3. Md. Shamim @ Md. Shami S/o Islam @ Md. Islam R/o Village - Amwa, P.S - Mehsi, District- East Champaran 4. Md. Anwar @ Amber Babu S/o Md. Shadik R/o Village - Amwa, P.S - Mehsi, District- East Champaran 5. Moharram Alam @ Md. Moharram S/o Md. Afroz R/o Village - Amwa, P.S - Mehsi, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suraj Narain Yadav : Mr.Neeraj Prasad Sinha For the Opposite Party/s : Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 11-11-2025 Heard both parties. 2. The petitioners seek bail in a case, registered for the offence punishable under Sections 190, 191(2), 191(3), 115(2), 118(1), 118(2), 109, 103, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the FIR, all the FIR named accused persons including these petitioners assaulted informant, his brother Ajay Kumar and villager Naval Rai with sword, consequently, informant’s brother Ajay Kumar died on the spot and others Patna High Court CR. MISC. No.65344 of 2025(3) dt.11-11-2025 2/2 sustained injuries. 4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. There is general and omnibus allegation of assault. Other similarly situated co-accused have been granted bail by a coordinate Bench of this court vide order dated 17.09.2025 passed in Cr. Misc. No. 67236 of 2025. Petitioners claim clean antecedent and they are in custody since 08.07.2025. 5. Learned APP however, vehemently opposes the prayer for bail of the petitioners. 6. Considering the aforesaid facts, let the petitioners above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, East Champaran, Motihari in connection with Mehsi P.S. Case No. 178 of 2025. vinita/- (Prabhat Kumar Singh, J) U