IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3378 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- Bhalpatti District- Darbhanga ====================================================== 1. Md. Kamran @ Md. Kavran Azam @ Md. Kamran Azam S/o Md. Sarbar Mahmood Resident of Village- Adalpur, P.S.- Bhalpatti, Distt.- Darbhanga 2. Md. Rehan @ Md. Rehan Azam S/o Md. Sarbar Mahmood Resident of Village- Adalpur, P.S.- Bhalpatti, Distt.- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saurav Anand, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-02-2025 Heard the learned Advocate for the petitioners and the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Bhalpatti P.S. Case No. 107 of 2024, registered for the offences punishable under Sections 192(2), 126(2), 127(2), 115(2), 118(1), 117(2), 109, 76, 303(2), 329(4), 352 and 351(2) of the B.N.S. Act. 3. Based upon the fardbeyan of the informant, the prosecution alleges that while the informant was getting the work done on his land, in the meantime, all the FIR named accused persons, including the petitioners, came there and started abusing and assaulting. It is specifically alleged that co- Patna High Court CR. MISC. No.3378 of 2025(2) dt.15-02-2025 2/3 accused Md. Faran and Umar gave chapra blow on the head of the informant, due to which he sustained head injury. There is further allegation against all the accused persons of assaulting and snatching of valuables, coupled with the allegation of misbehaving. 4. Learned Advocate for the petitioners drawing the attention of this Court to the fardbeyan has contended that there is omnibus nature of allegation against all the FIR named accused persons, including the petitioners. So far the allegation of causing injury over the head of the informant is concerned, the same has been attributed to Md. Faran and Md. Umar. The allegation of snatching of valuables is nothing but a concocted one. There is a counter version of the present case being Bhalpatti P.S. Case No. 100 of 2024 instituted by the mother of the petitioner no. 1. The genesis of occurrence is said to be a land dispute between the parties, coupled with the fact that the injury sustained to the informant and his sister are found to be simple in nature. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioners have actively participated in the crime and assaulted the informant and others. Patna High Court CR. MISC. No.3378 of 2025(2) dt.15-02-2025 3/3 6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the factum of case and counter case and the injuries being simple in nature as well as the petitioners having fair antecedent, 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) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga in connection with Bhalpatti P.S. Case No. 107 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. shivank/- (Harish Kumar, J) U T