IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31090 of 2025 Arising Out of PS. Case No.-341 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1. Sajid Sekh @ Md. Sajid Alam, S/o Shekh Abbas Resident of Village- Bakhari Mahesh, P.S.- Kalyanpur, District- East Champaran 2. Halima Khatoon D/o Shekh Abbas, Resident of Village- Bakhari Mahesh, P.S.- Kalyanpur, District- East Champaran 3. Momina Khatoon D/o Shekh Abbas, Resident of Village- Bakhari Mahesh, P.S.- Kalyanpur, District- East Champaran 4. Abda Khatoon W/o Shekh Mumtaj, Resident of Village- Bakhari Mahesh, P.S.- Kalyanpur, District- East Champaran 5. Shabana Khatoon W/o Sajid Sekh @ Md. Sajid Alam, Resident of Village- Bakhari Mahesh, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 21-05-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No. 341 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 354B, 379, 504 and 506/34 of the Indian Penal Code. 3. The allegation against the petitioners is of causing assault upon the son of the informant by means of khanti, lathi and danda leading to serious injuries. It is further alleged that Patna High Court CR. MISC. No.31090 of 2025(2) dt.21-05-2025 2/3 when the wife of the informant came to rescue her son, she was also assaulted, due to which she sustained fracture injury on her rib. There is further allegation of misbehaving with the families and snatching of some valuables. 4. Learned counsel for the petitioners taking this Court through the FIR has contended that there is omnibus allegation against altogether eight persons, including the petitioners. The injuries which are allegedly sustained to the injured have been found to be simple in nature. Taking note of the aforesaid fact and on being found the case false not true, the police submitted final report and did not send up the petitioners for trial; the copy of the final report has been placed on record as Annexure-3. Despite the aforesaid fact, the jurisdictional court differing with the final report took cognizance of the offences as alleged in the FIR; hence, the present application for anticipatory bail. It is lastly contended that the petitioners are the persons of fair antecedent and they undertake that they will fully cooperate in the proceedings of the Court. 5. On the other hand, learned counsel for the State opposed the bail application and submitted that the petitioners have actively participated in the crime and this fact has also been corroborated from the order taking cognizance. Patna High Court CR. MISC. No.31090 of 2025(2) dt.21-05-2025 3/3 6. Regard being had to the submissions made on behalf of the parties and considering the simple nature of injury and the omnibus allegation, coupled with the fact that during the course of investigation, the case has not been found true; albeit, the learned jurisdictional court has taken cognizance for the offences as alleged in the FIR, apart from the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 341 of 2022, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners. rohit/- (Harish Kumar, J) U T