IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72735 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- Banma Itahari District- Saharsa ====================================================== 1 . Minhaj @ Minhaj Khan S/O Late Abul Hasan R/O Vill.- Sahuriya Ward no. 11, P.S.- Banma Itahari, Dist.- Saharsa 2. Farjana Khatun S/O Late Abul Hasan R/O Vill.- Sahuriya Ward no. 11, P.S.- Banma Itahari, Dist.- Saharsa 3 . Salima Khatun @ Salma Khatun W/O Minhaj @ Minhaj Khan R/O Vill.- Sahuriya Ward no. 11, P.S.- Banma Itahari, Dist.- Saharsa 4. Md. Faruk S/O Md. Abid R/O Vill.- Sahuriya Ward no. 11, P.S.- Banma Itahari, Dist.- Saharsa 5 . Md. Wakil S/O Md. Abid R/O Vill.- Sahuriya Ward no. 11, P.S.- Banma Itahari, Dist.- Saharsa ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 01-11-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 109, 352, 352 and 351 ( 2 ) (3) of the BNS. 3 . As per F.I.R., informant namely, Md. Najim alleged that on 03.04.2025 , all the named accused persons including these petitioners armed with knife , lathi and bricks entered the house of informant, abused and assaulted informant Patna High Court CR. MISC. No.72735 of 2025(2) dt.01-11-2025 2/3 and his family members as a result of which Nati of informant sustained injury . 4. Learned counsel for the petitioner submitted that both parties are gotias and due to previous enmity , a maarpeet took place between them in which both sides sustained injuries. Petitioner No. 3 is only alleged to have assaulted with bricks. There is no specific allegation of assault against petitioner No. 4 and 5 . Allegation is general and omnibus against these petitioners. Petitioners claim clean antecedent. 5 . Learned counsel for the State opposed the bail petition and submitted that there is specific allegation against petitioner No. 1 that he assaulted Nati of the informant with knife due which he sustained injury . 6. Considering the fact that seriousness and nature of accusation against petitioner No. 1 , the prayer for pre – arrest bail of petitioner No. 1 is rejected. 7. Considering the general and omnibus allegation against petitioner Nos. 2, 3 , 4 and 5 and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner Nos. 2, 3 , 4 and 5 as named above , be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like Patna High Court CR. MISC. No.72735 of 2025(2) dt.01-11-2025 3/3 amount each to the satisfaction of the learned JM 1st Class Saharsa in connection with Banma P.S. Case No. 29 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . Koushik/- (Prabhat Kumar Singh, J) U T