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2025 DAILYLAW 71097 (PAT)

Md. Muslim @ Muslim v. The State of Bihar

CR. MISC./59250/2025 · 2025-09-01

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59250 of 2025 Arising Out of PS. Case No.-73 Year-2025 Thana- POTHIYA District- Kishanganj ====================================================== Md. Muslim @ Muslim S/o Late Ejabuddin R/o Village- Jagirgachh, Gorukhal, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Md. Mushtaque Alam , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 01-09-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 118 ( 2 ), 109 (1) , 303 ( 2 ), 76 352, 351 (3) and 3 (5) of the BNS. 3 . Informant namely, Anwara Begum alleged that on 15.03.2025 , all the accused persons including this petitioner armed variously came on the land of the informant and on the order of this petitioner, other co-accused persons assaulted informant and others due to which they sustained injury . 4. It is submitted on behalf of the petitioners that specific accusation of assault is against other co-accused persons and so far as this petitioner is concerned, there is Patna High Court CR. MISC. No.59250 of 2025(2) dt.01-09-2025 2/2 absolutely no allegation of any overt act is against him. The present case is counter version Pothia PS Case No. 72 of 2025 which was lodged by wife of co-accused Enamul namely Nargish Begam against the family members of informant. Moreover, there is land dispute in between the parties. Injury sustained by injured is simple in nature . Petitioner claims clean antecedent. 5 . Learned counsel for the State oppose the bail petition . 6 Considering the aforesaid facts, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged 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 the learned ACJM-II Kishanjganj in connection with Pothia P.S. Case No. 73 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . Koushik/- (Prabhat Kumar Singh, J) U T