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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50380 of 2025 Arising Out of PS. Case No.-311 Year-2025 Thana- SITAMARHI District- Sitamarhi ======================================================
1. Md. Parvej Alam @ Guddu S/O Md. Mahmood Resident of Village- Hussaina, P.S. and Dist- Sitamarhi
2. Aftab Alam @ Prince Shams S/O Md. Shamse Alam Resident of Village- Hussaina, P.S. and Dist- Sitamarhi
3. Md. Shamse Alam S/O Md. Islam Resident of Village- Hussaina, P.S. and Dist- Sitamarhi
4. Md. Hasnain S/O Md. Islam Resident of Village- Hussaina, P.S. and Dist- Sitamarhi
5. Md. Sabir S/O Md. Islam Resident of Village- Hussaina, P.S. and Dist- Sitamarhi
6. Md. Phool Babu S/O Md. Taiyab Resident of Village- Hussaina, P.S. and Dist- Sitamarhi
7. Md. Reyaz @ Md. Riyaz @ Phekan S/O Md. Phool Babu Resident of Village- Hussaina, P.S. and Dist- Sitamarhi
8. Md. Mustaque @ Mustaque S/O Md. Mustafa Resident of Village- Hussaina, P.S. and Dist- Sitamarhi
9. Arzoo Ali S/O Md. Salam Resident of Village- Hussaina, P.S. and Dist- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 19-08-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109(1), 117(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and
Patna High Court CR. MISC. No.50380 of 2025(2) dt.19-08-2025 2/3 Section 25(1-b)a, 26 of Arms Act. 3. As per prosecution case, informant alleged that on 21.04.2025, when informant was at his sister’s house, all the 11 F.I.R. named accused persons, including these petitioners and 10 unknown persons assaulted informant with danda and bricks and tried to snatch his arms. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners. He further submits that though 11 F.I.R. named and 10 unknown persons, allegedly, assaulted informant but from perusal of the impugned order it is apparent that the injuries sustained by the informant are simple in nature. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6.
Considering backdrop of the case and simple injuries, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.50380 of 2025(2) dt.19-08-2025 3/3 amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P. S. Case No. 311 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T