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2025 DAILYLAW 67947 (PAT)

Md. Husam Akhtar @ Md Husham Akhtar v. The State of Bihar

CR. MISC./58912/2025 · 2025-09-08

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58912 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- DHAMOUL District- Nawada ====================================================== 1. Md. Husam Akhtar @ Md Husham Akhtar S/o Md. Salam R/o vill - Jamhariya, P.O.- Arha, P.S.- Dhamaul, Distt.- Nawada 2. Md. Ismail Jakki @ Md. Ismail Jaki S/o Md. Faizy Aziz R/o vill - Jamhariya, P.O.- Arha, P.S.- Dhamaul, Distt.- Nawada 3. Abdul @ Abdulla Naim @ Abdullah Naim S/o Md. Naimuddin R/o vill - Jamhariya, P.O.- Arha, P.S.- Dhamaul, Distt.- Nawada 4. Afsar Azam @ Afsar Malik @ Afshar Azam @ Afshar Mallick S/o Md. Aquil Ahmad R/o vill - Jamhariya, P.O.- Arha, P.S.- Dhamaul, Distt.- Nawada ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Kumar For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 08-09-2025 Heard learned counsel for the petitioners as well as the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Dhamaul P.S. Case No. 76 of 2024, registered for the offences punishable under Sections 191(2), 190, 109, 117(2), 352 and 351(2) of BNS. 3. According to the FIR, all the nine named accused persons are alleged to have inflicted assaults on the informant when he was cultivating his field. 4. The learned counsel for the petitioners has Patna High Court CR. MISC. No.58912 of 2025(2) dt.08-09-2025 2/2 submitted that the petitioners are innocent and have falsely been implicated in this case. The FIR itself shows that there is land dispute between the parties. He has further submitted that according to the FIR, nine accused persons assaulted the informant, but only one injury i.e. fractured of fibula is found on the person of the informant. He has also submitted that cordial relations have been restored between the parties and they have compromised the case. The compromise petition has been filed by way of supplementary affidavit. 5. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge II, Nawada in connection with Dhamoul P.S. Case No. 76 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. kundan/- (Nawneet Kumar Pandey, J) U T