IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50064 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- BAIRGACHHAI District- Araria ====================================================== 1. Jahangir @ Jahgir Aalam S/O Jahir @ Late Jahir R/O Village- Bochi, Ward No. 4, P.S- Bairgachhi, Dist.- Araria. 2. Tabrez @ Md. Tabrez S/O Jahangir R/O Village- Bochi, Ward No. 4, P.S- Bairgachhi, Dist.- Araria. 3. Kaisar S/O Azim R/O Village- Bochi, Ward No. 4, P.S- Bairgachhi, Dist.- Araria. 4. Kalam @ Kaluddin @ Kalal S/O Jahir @ Late Jahir R/O Village- Bochi, Ward No. 4, P.S- Bairgachhi, Dist.- Araria. 5. Azim S/O Jahir @ Late Jahir R/O Village- Bochi, Ward No. 4, P.S- Bairgachhi, Dist.- Araria. 6. Zafar @ Md. Zafar S/O Mohsin R/O Village- Bochi, Ward No. 4, P.S- Bairgachhi, Dist.- Araria. 7. Wahab S/O Seraj @ Sukku R/O Village- Bochi, Ward No. 4, P.S- Bairgachhi, Dist.- Araria. 8. Ishtiyak @ Karu @ Istiyaque S/O Kalam @ Kalauddin R/O Village- Bochi, Ward No. 4, P.S- Bairgachhi, Dist.- Araria. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Naushaduzzoha, Adv For the Opposite Party/s : Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 2 12-08-2025 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. 2. This is the first bail application for grant of anticipatory bail of the petitioners apprehending their arrest in connection with Bairgachhi P.S. Case No. 39/2025, registered for the offence under Sections 126(2), 115 (2), 109, 352, 351 Patna High Court CR. MISC. No.50064 of 2025(2) dt.12-08-2025 2/4 (2), 3 (5) of the Bhartiya Nyaya Sanhita & 3/4 of the Explosive Substance Act. 3. During course of argument, it is submitted by counsel for the petitioners that he does not want to press bail petition with regard to applicant/petitioner no. 08 Ishtiyak @ Karu. 4. Taking into consideration the above submissions made by the counsel, this bail petition is dismissed as withdrawn with regard to the petitioner no. 08 Ishtiyak @ Karu. 5. According to the case of prosecution, it is alleged that on 01.04.2025 at about 8:30 P.M. during Panchayati all the applicants and co-accused Abu Nasar came there and assaulted by Farsa, due to which Nazra Khatoon received injury on her body and it is further alleged that during course of said incident, the Ishtiyak @ Karu threw a bomb, due to which Soyeb sustained injury. On the basis of complaint made by the informant Shamina, offence has been registered. 6. It is submitted by the learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in the present case. He would further submit that general allegation has been made against these applicants. The main allegation of assault has been made against the co-accused Patna High Court CR. MISC. No.50064 of 2025(2) dt.12-08-2025 3/4 Abu Nasar as well as Ishtiyak @ Karu. It is further submitted that the counter case has also been lodged by the accused persons against the complainant party. Since the main allegations are against Abu Nasar as well as Ishtiyak @ Karu, therefore, on these grounds, it is prayed that the petitioners nos. 01 to 07 are entitled to get benefit of anticipatory bail. 7. Learned counsel for the State opposes the arguments raised by the counsel for the petitioners. 8. Heard. 9. Perused the records and other materials available on record. 10. Considering the submissions made by the counsel for the petitioners and further considering the fact that the allegation of assault has been made against the co-accused Abu Nasar as well as Ishtiyak @ Karu only. I am of the view that it is a case where the petitioners should be granted benefit of anticipatory bail. 11. Accordingly, the application is allowed with regard to petitioners nos. 01 to 07 namely, Jahangir @ Jahgir Aalam, Tabrez @ Md. Tabrez, Kaisar, Kalam @ Kaluddin, Azim , Zafar @ Md. Zafar, Wahab. 12. Let the above named petitioners nos. 01 to 07 be Patna High Court CR. MISC. No.50064 of 2025(2) dt.12-08-2025 4/4 released on bail, in the event of 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 the learned C.J.M, Araria in connection with Bairgachhi P.S. Case No. 39/2025 subject to the condition as laid down under Section 482 (2) of B.N.S.S 2023. krishnakant/- (Arvind Singh Chandel , J) U T