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2025 DAILYLAW 99587 (PAT)

Kaisar @ Md. Kaisar v. The State of Bihar

CR. MISC./60516/2025 · 2025-09-09

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60516 of 2025 Arising Out of PS. Case No.-116 Year-2020 Thana- AMAUR District- Purnia ====================================================== 1. Kaisar @ Md. Kaisar S/O Azimuddin Resident of Villager- Bhonkhri, P.S- Amour, District- Purnea. 2. Abutalib S/O Late Manzar Resident of Villager- Bhonkhri, P.S- Amour, District- Purnea. 3. Abu Sufiyan S/O Late Manzar Resident of Villager- Bhonkhri, P.S- Amour, District- Purnea. 4. Rausik @ Roushique Alam S/O Rahgir Resident of Villager- Bhonkhri, P.S- Amour, District- Purnea. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Fazle Karim, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 09-09-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 420/34 of the I.P.C and under Section 63 of Copy Right Act. 3. As per the prosecution case, on 08.06.2020 at about 06:00 A.M., all the F.I.R. named accused persons, armed with deadly weapons such as lathi, dabiya, rod, and bricks, allegedly assaulted the informant’s family and further snatched Rs. 6,000/- Patna High Court CR. MISC. No.60516 of 2025(2) dt.09-09-2025 2/3 from his pocket. It is specifically alleged that petitioner no. 1 assaulted the brother of the informant on his head with lathi causing grievous injury. 4. Learned counsel for the petitioners submits that the occurrence arose out of a land dispute between the parties, leading to an altercation in which both sides sustained injuries. It is pointed out that there exists a case and counter-case arising from the same incident. He further submits that although the injury caused by petitioner no. 1 is grievous, the allegations against petitioner nos. 2, 3, and 4 are general and omnibus in nature, and the injuries caused by them are simple in nature. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the nature of injuries caused by petitioner no. 1, the prayer for grant of anticipatory bail of petitioner no. 1 is rejected. So far as petitioner nos. 2, 3 and 4 are concerned, considering the nature of injuries, clean antecedent, and other circumstances of the case, their prayer for grant of anticipatory bail is allowed and it is ordered that let the above named petitioners no. 2, 3 and 4 in the event of their arrest/surrender before the court below within a period of eight weeks from Patna High Court CR. MISC. No.60516 of 2025(2) dt.09-09-2025 3/3 today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, Purnea in connection with Amour P. S. Case No. 116 of 2020, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Accordingly, the bail petition stands disposed of. aditya/- (Prabhat Kumar Singh, J) U T