Patna High CourtCR. MISC./6477/2025bail rejected

Md. Samshul @ Md. Shamsul @ Md. Shamshul v. The State Of Bihar

2025-05-09Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6477 of 2025 Arising Out of PS. Case No.-441 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

Md. Samshul @ Md. Shamsul @ Md. Shamshul Son of Md. Shainul villageArraha ward no. 3, Ps- Saur Bazar, Dist- Saharsa 2.

Md. Saddam Son of Md. Shainul village- Arraha ward no. 3, Ps- Saur Bazar, Dist- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2025 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Saur Bazar P.S. Case No. 441/2024 registered on 08.08.2024 for the offenses punishable under Sections 126(2), 115(2), 118(1), 78, 79, 3(5), 303(2) of the Indian Penal Code and subsequently section 103(1) of B.N.S, 2023 has been added.

3. As per the prosecution, the F.I.R. has been lodged against six named accused persons, including the petitioners, alleging that they assaulted the informant's father-in-law.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.6477 of 2025(2) dt.09-05-2025 2/2 petitioners are innocent and have committed no offence. It is further submitted that the petitioners are, in fact, victims in this case. However, he fairly concedes that with the passage of time, the injured person died approximately 18 days after the incident.

5. Learned APP for the State vehemently opposes the prayer for bail, submitting that the allegation of assault is specifically made against all the accused persons, including the present petitioners, and the injuries sustained by the victim ultimately led to his death.

6. In this background, this Court is not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners in connection with Saur Bazar P.S. Case No. 441/2024, pending before the learned ACJM-11, Saharsa, is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T