Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 92906 (PAT)

Faizullah @ MD Faizullah v. The State of Bihar

CR. MISC./70617/2025 · 2025-12-23

Satyavrat Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70617 of 2025 Arising Out of PS. Case No.-303 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1. Faizullah @ MD Faizullah Md Azizullah @ Azizullah R/o Vill. - Lahan Dhaka, P.S- Dhaka, Dist. - East Champaran. 2. Arshad @ Ladan @ Arsha Zafar Son of Murtuza @ Saha Murtuja @ Murtuza Ali R/o Village - Lahan Dhaka, P.S. - Dhaka, Dist. - East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Zaki Haider, Adv. For the Opposite Party/s : Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 23-12-2025 1. 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(2), 191(3), 190, 329(3), 324(4), 326(g), 109, 132, 221, 121(1), 121(2) and 61(2) of BNS. 3. Learned counsel for the petitioners submits that petitioners have antecedent of one case, but then the said FIR also relates to the same occurrence for which the instant anticipatory bail application has been filed, as such, for the same occurrence, two FIRs have been instituted. It is next submitted that informant alleges that four labourers while opening the Patna High Court CR. MISC. No.70617 of 2025(2) dt.23-12-2025 2/3 centering of the toilet in a newly constructed house of Mahavir died due to suffocation on account of which their family members and villagers became enraged and when the victims were brought to the hospital and they blocked the traffic and protested along with the dead body and also attacked the doctors and vandalized the hospital and set the ambulance parked in the hospital on fire and even attacked the police force and the fire brigade personnel who had reached the place of occurrence. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault and vandalizing the place of occurrence is general and omnibus in nature. It is next submitted that since four persons had died, as such, villagers were angry and a protest was made, but then in every protest some lumpen are present. 5. Learned A.P.P. for the State opposes the anticipatory bail application. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court Patna High Court CR. MISC. No.70617 of 2025(2) dt.23-12-2025 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhaka P.S. Case No. 303 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS. 7. Accordingly, the instant anticipatory bail application stands allowed. Rishabh/- (Satyavrat Verma, J) U T