IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52685 of 2025 Arising Out of PS. Case No.-204 Year-2024 Thana- DARPA District- East Champaran ====================================================== Ali Akhtar @ Sheikh Ali Akhtar Son of Sainullah @ Sheikh Sainullah Resident of Village - Baikunth, Ward No.- 01, Police Station - Darpa, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in connection with Darpa P.S. Case No. 204 of 2024 registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 117(2), 74, 303(2), 109, 352, 351(2) of BNS. 3. The case of the prosecution in brief is that the informant namely, Aaysha Khatoon gave her fardbeyan to the SI Prakash Kumar Paswan, SKMCH O.P., Muzaffarpur on 13.12.2024 alleging therein that on 05.12.2024 at about 02:00 PM, she was sitting at her door. All the accused persons named in the FIR including the petitioner came armed with lathi and sticks and started abusing and assaulting her. The petitioner is Patna High Court CR. MISC. No.52685 of 2025(2) dt.11-08-2025 2/5 alleged to have given lathi blow to the informant as a result of which her right hand got fractured. Other accused persons also assaulted the informant with fist. When the son of the informant Noor Mohammad came to rescue her then accused person Skeikh Bhola gave him lathi blow on his head and he got head injury. Accused person Afrida Khatoon snatched gold ear ring from the ear of informant. Accused person Ali Akhtar and Sheikh Osi Akhtar tore informant’s cloths. All accused persons assaulted the informant and her son and it is the villagers who helped the informant in admitting her to Sadar Hospital, Motihar and her son was admitted in Adapur Hospital. 4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case. Learned counsel for the petitioner further submits that the informant and her family members are having dispute with the petitioner with regard to land appertaining to Khata No. 97, Khesra No. 525. It is contended by learned counsel for the petitioner that informant and her family members were trying to install khutta and constructed pakka boundary wall. All this is the genesis for lodging this false case against the petitioner. It is further submitted that the informant and her family members are the aggressors and they tried to cut Sheesham tree, as a result of Patna High Court CR. MISC. No.52685 of 2025(2) dt.11-08-2025 3/5 which scuffle took place and a case was lodged by the family member of the petitioner against the informant and her family members which is Darpa P.S. Case No. 197 of 2024 dated 08.12.2024 for offences under Sections 191(2), 190, 126(2), 115(2), 74, 303(2), 109, 352, 351(2) of BNS. A copy of the FIR has been brought on record by way of Annexure-P/2 to this bail petition. It is the case of the petitioner that since this case was lodged on 08.12.2024, therefore, as a counter-blast to this case, the informant has lodged this false FIR on 17.12.2024 in which she has falsely implicated the petitioner. 5. On the other hand, learned APP appearing for the State opposes the prayer for regular bail of the petitioner. 6. Considering the fact that there exists a previous enmity between the petitioner and the informant with regard to land and the petitioner’s family had lodged the FIR bearing Darpa P.S. Case No. 197 of 2024 on 08.12.2024 and the informant has subsequently lodged the FIR naming the petitioner and the other accused persons on 17.12.2024 as a counter-blast, also for the reason that the FIR lodged by the informant is after seven days of delay of the alleged incident for which no cogent explanation has been given by the informant, coupled with the fact that the petitioner is in custody since Patna High Court CR. MISC. No.52685 of 2025(2) dt.11-08-2025 4/5 10.05.2025 and charge-sheet has already been filed, thereby completing the investigation. For all these reasons, the Court is inclined to grant the privilege of bail to the petitioner, let the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Darpa P.S. Case No. 204 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative. (ii) The petitioner shall remain physically present in Court on each date of the trial. (iii) In case of absence on two consecutive dates without substantial reason or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found Patna High Court CR. MISC. No.52685 of 2025(2) dt.11-08-2025 5/5 that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. 7. Accordingly, the prayer for bail is allowed. Gaurav Sinha/- (Alok Kumar Sinha, J) U