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2025 DAILYLAW 38534 (PAT)

Md Ziyaul v. The State of Bihar

CR. MISC./31426/2025 · 2025-05-16

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31426 of 2025 Arising Out of PS. Case No.-250 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Md Ziyaul, S/o Md. Jahak @ Jahak, R/o Village- Gaushnagar, P.S.-Rajnagar, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 16-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Rajnagar P.S. Case No. 250 of 2023, registered for the offences punishable under Sections 341, 323, 448, 480, 354(A), 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act 3. Allegedly on the fateful night of 18.09.2023 all the FIR named accused persons alongwith some unknown persons armed with weapon barged into the house of the informant and started abusing. When the same was protested by the wife of the informant, they have threatened with dire consequences. Apprehending the danger, the petitioner brought his wife inside Patna High Court CR. MISC. No.31426 of 2025(2) dt.16-05-2025 2/3 the room and locked the door, whereupon the accused persons made indiscriminate firing and taken away some valuables. It is further alleged that the accused persons are also facing charges in various criminal cases. 4. Learned Advocate appearing on behalf of the petitioner contended that even as per the narrations made in the FIR it has not been disclosed as to what role has been played by the petitioner. Save and except the petitioner being said to be a member of the mob, there is no allegation. Neither any empty cartridges have been found from the place of occurrence, nor it has been disclosed that what has been stolen away. The alleged occurrence is said to have taken place on 18.09.2023, but the present FIR came to be lodged on 20.09.2023. In fact, both the parties are next door neighbours and on account of some land dispute, cases are being instituted from both the sides. There is a counter version of the present case being Rajnagar P.S. Case No. 251 of 2023. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner bears two criminal antecedent, coupled with his active participation in the crime. 6. Regard being had to the submissions made on Patna High Court CR. MISC. No.31426 of 2025(2) dt.16-05-2025 3/3 behalf of the parties and considering the nature of allegation and the factum of case and counter case and the delay, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Madhubani in connection with Rajnagar P.S. Case No. 250 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T