Md. Naushad Alam @ Md. Naushad v. The State of Bihar
CR. MISC./89572/2024 · 2025-01-08
Khatim Reza
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87734 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87734 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89572 of 2024 Arising Out of PS. Case No.-222 Year-2024 Thana- PARIHAR District- Sitamarhi ======================================================
1. Md. Naushad Alam @ Md. Naushad Son of Md. Sajjad Hussain @ Md. Sajjad Resident of Village- Siswa, P.S.- Parihar, Dist- Sitamarhi
2. Md. Reza @ Md. Ali Son of Sajjad Hussain @ Md. Sajjad Resident of Village- Siswa, P.S.- Parihar, Dist- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 08-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in connection with Parihar P.S. Case No. 222 of 2024 dated 26.07.2024, instituted for the offence punishable under Sections 127(1), 115(2), 118(1), 76, 351(2), 3(v) of the B.N.S. Act. 3. The prosecution case, in short, is that on the date of occurrence the informant went to her field for construction of room where she saw that some persons are using the open field for draining the waste water etc upon which she raised halla and told the nearby persons that she will construct a house and requested not to throw any garbage over there. The allegation
Patna High Court CR. MISC. No.89572 of 2024(2) dt.08-01-2025 2/3 against the petitioner no. 1 is that he assaulted by means of lathi on the persons of the informant and it is further alleged that petitioner no. 1 also gave knife blow upon Md. Mahmood on his armpit. Petitioner no. 2 is alleged to have outraged the modesty of the informant. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that the injury report as well as the impugned order shows that injury is simple in nature. It is submitted that both the parties are agantes. It is further submitted that there is case and counter case between the parties. The counter case bearing Parihar P.S. Case No. 223 of 2024 has been lodged by Md. Sajjad Hussain, father of the petitioners. Lastly, it has been submitted that they have no criminal antecedents. 5. Learned A.P.P. has opposed the prayer for bail of the petitioners. 6.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Parihar P.S. Case No. 222 of 2024, they shall be released on anticipatory bail
Patna High Court CR. MISC. No.89572 of 2024(2) dt.08-01-2025 3/3 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-Ist Class, Sitamarhi, subject to condition as laid down under Section 438(2) of the Cr.P.C.. prabhat/- (Khatim Reza, J) U T