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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51900 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- JAYNAGAR District- Madhubani ======================================================
1. Noor Hasan @ Md. Noor Hasan son of Ramjan Pamriya @ Md. Ramjan R/o Bela Pamariya Tol , p.s- Jaynagar, District - Madhubani
2. Noor Mohammad son of Yasin Pamariya R/o Bela Pamariya Tol , p.s- Jaynagar, District - Madhubani
3. Noor Jahan Wife of Noor Hassan R/o Bela Pamariya Tol , p.s- Jaynagar, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Adv. For the Opposite Party/s : Mr. Shailendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 12-08-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Jaynagar P.S. Case No. 128 of 2024, registered for the offences punishable under Sections 147, 341, 323, 504, 506, 354(B), 307 and 379 of the Indian Penal Code. 3. Allegedly all the FIR named accused persons, 23 in numbers, alongwith 10 unknown persons, came at the house of the informant and on the exhortation made by petitioner no. 1 all of them have brutally assaulted the informant and others causing serious
Patna High Court CR. MISC. No.51900 of 2025(2) dt.12-08-2025 2/3 injuries. There is further allegation of snatching of valuables and outraging the modesty. 4. Learned Advocate appearing on behalf of the petitioners submitted that there is omnibus nature of allegation against all the accused persons. The petitioner no. 1 being head of the family, his name has been implicated in this case with an allegation of order giver. The occurrence took place on 13.04.2024 and the FIR has been instituted on the said day itself, but the same was sent to the learned Court below on 20.04.2024 and, as such, the deliberation cannot be ruled out. The petitioner no.1 and the informant are own brothers and on account of some land dispute, both the families have entered into a scuffle, resulting to injuries to persons of both the sides. Specific allegation of assault has been leveled against co- accused Md. Israil, Md. Kalam and Md. Navi Hasan, who are not before this Court.
So far the nature of injury is concerned, that has not been disclosed in the impugned order. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime and brutally assaulted the informant and others. 6. Having considered the submissions set forth by
Patna High Court CR. MISC. No.51900 of 2025(2) dt.12-08-2025 3/3 learned Advocate for the respective parties and taking note of the omnibus nature of allegation agianst 23 persons, coupled with the close relationship between the parties, as also the factum of delay in sending the FIR to the concerned Court, let the petitioners above named be released on bail, in the event of their 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 Chief Judicial Magistrate, Madhubani in connection with Jaynagar P.S. Case No. 128 of 2024, 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 petitioners. supratim/- (Harish Kumar, J) U T