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2025 DAILYLAW 98633 (PAT)

Kadir v. The State of Bihar

CR. MISC./85500/2025 · 2025-12-24

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85500 of 2025 Arising Out of PS. Case No.-292 Year-2024 Thana- BAISI District- Purnia ====================================================== 1. Kadir S/O Late Sahbuddin Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. 2. Imtiyaz @ Md. Imtiyaz S/O Late Farid Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. 3. Muntajir @ Md. Muntazir S/O Late Farid Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. 4. Tousif @ Md. Touseef Raza S/O Kadir Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. 5. Bibi Samsi @ Shamashi @ Bibi Shamsi W/O Kadir Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. 6. Noorie @ Nikhat Noori W/O Sagir Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. 7. Musleha @ Musaliha Khatoon @ Muslaya W/O Nazir Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. 8. Fatema @ Kaniz Fatma W/O Fajle Rasul Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. 9. Seema @ Sima @ Simakhatoon W/O Faijan Res of Mobaiya, Ward no. 16, P.S- Baisi, Distt.- Purnea. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 24-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State. 2. The petitioners apprehend their arrest in connection with Baisi P.S. Case No.292 of 2024 registered for the offences punishable under Sections 127(1), 115(2), 118(1), 109, 352, 351 Patna High Court CR. MISC. No.85500 of 2025(2) dt.24-12-2025 2/3 and 3(5) of the BNS, 2023. 3. While the petitioners and other accused persons were indulged in cutting the bamboo clamp and when the same was protested by the informant, she was abused and brutally assaulted. It is specifically alleged that petitioner no.4 gave a dabiya blow over her head and when her cousin daughter-in-law came to her rescue, she was also assaulted by petitioner no.2 over her head by means of dabiya. 4. Learned Advocate for the petitioners contended that besides the fact that both the informant and her daughter-in-law sustained simple nature of injuries, there is a counter version of the present case being Baisi P.S. Case No.293 of 2024 instituted against the informant and others. The disputed plot was the subject matter of Title Suit No.112 of 2003 and the Suit has been decided in favour of the accused persons, despite the fact that the informant and others are claiming ownership, which resulted into a scuffle leading to some unfortunate injuries. However, the petitioners are the persons of fair antecedents and they undertake that they will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application. Patna High Court CR. MISC. No.85500 of 2025(2) dt.24-12-2025 3/3 6. Having considered the submissions set forth by the learned Advocate for the respective parties and considering the genesis of the occurrence, coupled with the factum of case and counter case, besides the simple nature of injuries as well as the fair antecedent of the petitioners, 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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No.292 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners. rohit/- (Harish Kumar, J) U T