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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13675 of 2026 Arising Out of PS. Case No.-1013 Year-2025 Thana- MAHUA District- Vaishali ======================================================
1. Md. Hakim D/o Md. Hafij R/o Village - Said Kanhauli chak, Saidpur, P.S. - Mahua, District - Vaishali. 2. Saliman Khatun Wife of Md. Hakim R/o Village - Said Kanhauli chak, Saidpur, P.S. - Mahua, District - Vaishali. 3. Md. Irfan Son of Md. Hakim R/o Village - Said Kanhauli chak, Saidpur, P.S. - Mahua, District - Vaishali. 4. Md. Alim Son of Md. Hakim R/o Village - Said Kanhauli chak, Saidpur, P.S. - Mahua, District - Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rupa Kumari, Advocate For the State : Mr. Rajendra Nath Jha, APP For the Informant : Mr. Rajeev Ranjan No.-II, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 18-03-2026 Heard learned counsel for the petitioners as well as the informant and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Mahuwa P.S. Case No. 1013 of 2025 in a case registered for the offence punishable under Sections 126(2), 115(2), 329(4), 303(2), 352, 351(2), 3(5) of the BNS and Section 27 of the Arms Act. 3. As per the prosecution case, on 24.09.2025, the petitioners along with five unidentified armed persons allegedly came to the informant’s house and started assaulting the family,
Patna High Court CR. MISC. No.13675 of 2026(2) dt.18-03-2026 2/3 molested the informant’s wife and looted cash and jewelry. It is further alleged that they attempted to shoot the informant’s father. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case on account of land dispute between the parties and have been saddled with false allegation of theft. The allegation in the first information report pertains to taking away of Rs. 25,000/- from under the bed and also taking away of other articles coupled with the allegation of even resorting to firing but it is strange that no one was hurt in the incident. It has also been submitted that the First Information Report itself was lodged after 19 days of the incident and no explanation has been tendered by the informant with regard to such inordinate delay.
Further, the petitioners have no criminal antecedent and they are pattidars. 5. Learned APP for the State has opposed the application for anticipatory bail of the petitioners. 6. Taking into consideration the facts and circumstances and also considering the inordinate delay in lodging of the FIR coupled with the fact that there are no serious allegation of causing any injury etc., let the above named
Patna High Court CR. MISC. No.13675 of 2026(2) dt.18-03-2026 3/3 petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahuwa P.S. Case No. 1013 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the condition that: (I) The petitioners shall cooperate in the investigation and make themselves available before the investigating agency as and when required. 7. It is further directed that the petitioners would not indulge in any act of threatening etc. with respect to the informant. priyanka/- (Soni Shrivastava, J) U T