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2026 DAILYLAW 32733 (PAT)

Md. Arju v. The State of Bihar

CR. MISC./5152/2026 · 2026-02-03

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5152 of 2026 Arising Out of PS. Case No.-60 Year-2021 Thana- KHUTAUNA District- Madhubani ====================================================== 1. Md. Arju S/O Md. Rajji Ahmad R/O Village- Khutauna, P.S- Khutauna, District- Madhubani. 2. Md. Athar S/O Jamil Ahmad R/O Village- Khutauna, P.S- Khutauna, District- Madhubani. 3. Md. Ashraf S/O Jamil Ahmad R/O Village- Khutauna, P.S- Khutauna, District- Madhubani. 4. Faiz Ahmad @ Md. Saheb @ Saheb S/O Md. Rajji Ahmad R/O Village- Khutauna, P.S- Khutauna, District- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 03-02-2026 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 506, 324/34 of the Indian Penal Code. 3. Prosecution case, in brief, is that on 4.5.21 at about 6:30 PM, when informant was closing his shop, these petitioners, variously armed, came there and petitioner no. 1 assaulted on his head with knife. It is further alleged that petitioner nos. 2 & 3 caught hold of the informant and petitioner Patna High Court CR. MISC. No.5152 of 2026(2) dt.03-02-2026 2/3 no. 4 repeatedly assaulted on his knees with a stick. When brother of the informant came to save him, he was also assaulted by these petitioners and they also snatched gold chain and cash of Rs. 20,000/-. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Both parties are co-villagers and on trivial issue, scuffle took place between the parties in which both sides inflicted injuries on each other. Allegation of assault is general and omnibus and there is no specific allegation of any overt act against these petitioners. Injuries sustained by the injured are simple in nature. Case and counter case. Rest of the allegations are ornamental only to make the case grave. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering nature of accusation, injuries, case and counter case and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from 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 Patna High Court CR. MISC. No.5152 of 2026(2) dt.03-02-2026 3/3 Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in connection with Khutauna P. S. Case No. 60 of 2021, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T