IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38739 of 2026 Arising Out of PS. Case No.-404 Year-2025 Thana- PALASI District- Araria ====================================================== Md Mojib @ Md Mojim Alam S/o Lateful @ Md. Lafit Alam Resident of village- farsadangi ,ward no- 12 ,police station -palasi, district -araria ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 22-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 09.04.2026 in connection with Palasi P.S. Case No. 404 of 2025 for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3), 3(5) of BNS. 3. The case of the prosecution in brief is that on 09/10/2025 at about 06:30 am sister of informant namely Bibi Karona was going to bring milk. In the way all the FIR named accused persons surrounded her on account of previous enmity and started abused and assaulted. On hulla the informant went to save her sister but the accused persons started assaulted him also. During course of Maar-Pit accused Mojib with intention to kill gave Basula blow on the head of informant and he sustained Patna High Court CR. MISC. No.38739 of 2026(2) dt.22-06-2026 2/4 head injury, accused Istiyaque Alam gave indiscriminate blow of rod and on the hand and leg. Accused Md. Mojib also gave Basula blow to the sister of informant and she also sustained head injury. Accused Bibi Rajina and Bibi Sabrin also join the scafle and abused and assaulted. Accused Mojib also snatched Rs. 4000/- from Mojib and accused Istiyak Alam took away siver chain from the neck of informant's sister. Further the accused persons also threatened to kill. On hulla nearby people came and save them. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and is innocent and he has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is further submitted that it appears from the FIR that allegation against the petitioner is of assaulting the informant/victim and she has received the injury. It is next submitted that the present occurrence has taken place due to some petty dispute and there is no intention on the part of the petitioner to kill anyone. Learned counsel for the petitioner next submits that although the informant/victim has received the injury but the injury report suggests that the injury sustained is Patna High Court CR. MISC. No.38739 of 2026(2) dt.22-06-2026 3/4 simple in nature caused by hard and blunt substance. Learned counsel for the petitioner next submits that petitioner is in custody since 09.04.2026. 5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM/Concerned Court, Araria in connection with Palasi P.S. Case No. 404 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his Patna High Court CR. MISC. No.38739 of 2026(2) dt.22-06-2026 4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Gaurav Sinha/- (Rajesh Kumar Verma, J) U T