IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63210 of 2025 Arising Out of PS. Case No.-244 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Md. Chotey @ Md. Ismail, aged about 25 years, Male, son of Md. Salauddin, resident of village- Pursottampur, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rana Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 10-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends arrest in connection with Kalyanpur PS Case No.244 of 2025 dated 10.07.2025, instituted under Sections 126(2), 115(2), 303(2), 351(2), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in brief, is that on the alleged date of occurrence when the informant was closing his hotel, all the accused persons named in the FIR including the petitioner and some unknown persons came armed with pistol, sword, lathi, rod, farsa and co-accused, Md. Tanweer, exhorted to kill the informant and his son and loot his shop. Whereupon, co- accused Md. Danish assaulted the informant with sword on his head due to which the informant sustained injury on his head. Patna High Court CR. MISC. No.63210 of 2025(2) dt.10-09-2025 2/3 Co-accused Md. Liyaquat assaulted the son of the informant on his head by means of iron rod due to which he sustained injured. It is further alleged that co-accused Md. Guddu assaulted the informant with butt of pistol and took out rupees five thousand from the cash box. Further, co-accused Md. Taukir vandalized the shop and co-accused Md. Heera threatened the informant of dire consequences if the matter is reported to the police. 4. Learned counsel for the petitioner submits that from perusal of the entire written report, there is no whisper of any allegation of assault against the petitioner. Allegation of assault is against other co-accused persons. Only the name of the petitioner has been mentioned in the typed written report. At best, it can be said that the petitioner was also a member of the unlawful assembly. Further submission is that the petitioner has no criminal antecedent. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Patna High Court CR. MISC. No.63210 of 2025(2) dt.10-09-2025 3/3 Chief Judicial Magistrate, Samastipur, in Kalyanpur PS Case No.244 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. The application stands allowed. J. Alam/- (Khatim Reza, J) U T