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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68471 of 2025 Arising Out of PS. Case No.-677 Year-2025 Thana- KATIHAR NAGAR District- Katihar ======================================================
1. Md. Sabir S/o Late Zahiruddin Resident of Mohalla- Hussainabad Choudhary Mohalla, PS- katihar Nagar, District -Katihar
2. Rukhsna Khatoon @ Rukhsna Perween W/o Md. Sabir Resident of Mohalla- Hussainabad Choudhary Mohalla, PS- katihar Nagar, District -Katihar
3. Saha Parveen @ Sana Parveen @ Saha Perween D/o Md. Sabir Resident of Mohalla- Hussainabad Choudhary Mohalla, PS- katihar Nagar, District -Katihar
4. Md. Raja S/o Md. Sabir Resident of Mohalla- Hussainabad Choudhary Mohalla, PS- katihar Nagar, District -Katihar
5. Sahina Praween @ Sahina Perween D/o Md. Sabir Resident of Mohalla- Hussainabad Choudhary Mohalla, PS- katihar Nagar, District -Katihar ... ... Petitioner/s Versus
1. The State of Bihar
2. Md. Kamrul Ansari S/o Late Md. Samiruddin Ansari Resident of Mohalla- Hussainabad Choudhary Mohalla, PS- katihar Nagar, District -Katihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. P.K. Sinha, Advocate Md. Musowir, Advocate For the State : Mr. Parmanand Kumar, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 26-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191, 333, 303, 117, 109, 118, 309 and 115 of the B.N.S.
3. The allegation arises out of a complaint, which was, later on, lodged as the F.I.R. under Section 175 of the
Patna High Court CR. MISC. No.68471 of 2025(2) dt.26-09-2025 2/3 B.N.S., and the allegations are that all the five accused persons, who are the present petitioners, indulged in the acts of assault, causing injuries to the informant and others.
4. At the outset, it is submitted by learned counsel for the petitioners that the occurrence is said to have taken place on 15.09.2024, whereas the complaint has been lodged on 03.05.2025, after an abnormal and inordinate delay of about eight months without assigning any plausible and cogent reason for the said delay, which creates serious doubt about the prosecution case. There is case and counter case between the parties and the case of the petitioners’ side was rather lodged on 15.09.2024. It is further submitted that there is a land dispute between the parties and the title suit is also pending for adjudication. Further, the injuries sustained by the informant are simple in nature as would be evident from the bail rejection
order itself.
5. Learned APP for the State opposed the prayer for bail.
6. Taking into consideration the facts and circumstances of the case and also considering that there is substantial delay in filing the complaint and further existence of case and counter case and pendency of the title suit as also the
Patna High Court CR. MISC. No.68471 of 2025(2) dt.26-09-2025 3/3 fact that the injuries being simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Katihar P.S. Case No.677 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Trivedi/- (Soni Shrivastava, J) U T