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2025 DAILYLAW 24153 (PAT)

Md. Asin @ Asin Miyan @ Yasin v. The State of Bihar

CR. MISC./16996/2025 · 2025-04-22

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16996 of 2025 Arising Out of PS. Case No.-341 Year-2024 Thana- BHARGAMA District- Araria ====================================================== 1 . Md. Asin @ Asin Miyan @ Yasin S/O Late Karamat Miyan R/o Vill- Barmotra Ward no.11, P.S.- Bhargama, Dist.- Araria 2. Naushad @ Md. Naushad S/O Md. Yasin R/o Vill- Barmotra Ward no.11, P.S.- Bhargama, Dist.- Araria 3 . Shamshad @ Md. Shamshad S/O Md. Yasin R/o Vill- Barmotra Ward no.11, P.S.- Bhargama, Dist.- Araria 4. Bibi Shera Khatoon @ Sora Khatoon W/O Md. Afsar R/o Vill- Barmotra Ward no.11, P.S.- Bhargama, Dist.- Araria 5 . Heena Praveen W/O Naushad R/o Vill- Barmotra Ward no.11, P.S.- Bhargama, Dist.- Araria 6. Rubi Khatoon W/O Mukhtar R/o Vill- Barmotra Ward no.11, P.S.- Bhargama, Dist.- Araria 7. Azmeru @ Abhi Nisha@ Aamin Nisha W/O Md. Yasin R/o Vill- Barmotra Ward no.11, P.S.- Bhargama, Dist.- Araria ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 22-04-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under section 191 ( 2 ) , 191 (3) , 190, 126 ( 2 ), 115 ( 2 ), 109, 74, 352, 118(1), 351 Patna High Court CR. MISC. No.16996 of 2025(2) dt.22-04-2025 2/3 ( 2 ), 3 (5) of the BNSS. 3 . As per F.I.R., informant namely Bibi Sakura alleged that on 08.11.2024 at 14:30 hrs, all the F.I.R., named accused persons abused and assaulted her with lathi, danda and sword due to which she sustained injury . 4. It is submitted on behalf of the petitioners that petitioners are close door neighbours and due to land dispute they have falsely been implicated in this case . Specific accusation is against other co-accused Md. Mukhtar, who abused and assaulted informant with sword on her head and so far as these petitioners are concerned, allegation is general and omnibus against them. No specific allegation of overt act is alleged against them. Present case is counter blast of Bhargama PS Case No. 222 of 2024 which was lodged against informant and others which is earlier in point of time . 5 . Learned counsel for the State oppose the bail petition . 6 Considering the fact that allegation is general and omnibus against these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each Patna High Court CR. MISC. No.16996 of 2025(2) dt.22-04-2025 3/3 with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1st Class, Araria in connection with Bhargama P.S. Case No. 341 of 2024 , 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