Md Nijam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9230 of 2026 Arising Out of PS. Case No.-1 Year-2025 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

Md Nijam Son of Late Md. Jainul Resident of Village - Mangalwara, Rahta Ward No. 03, P.S. - Srinagar, District - Madhepura. 2.

Md. Sadre Alam Son of Md. Ijraile Resident of Village - Mangalwara, Rahta Ward No. 03, P.S. - Srinagar, District - Madhepura. 3.

Md. Ejaj @ Guddu @ Md. Azad Son of Md. Nijam Resident of Village - Mangalwara, Rahta Ward No. 03, P.S. - Srinagar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(20, 115(20, 11891), 117(2), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The informant alleges that on 02.01.2025, accused including this petitioners came with weapons and started abusing and assaulting the informant and his family members. It is also alleged that they looted cash and ornaments from the house of the petitioner and then also set the house on fire.

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have committed no offence. Petitioner no. 1 assaulted with iron rod causing injury

Patna High Court CR. MISC. No.9230 of 2026(2) dt.11-02-2026 2/2 which is grievous in nature. So far rest of the petitioners are concerned, there is no allegation of overt act against them.

5. Learned counsel for the State opposed the bail application and submits that petitioner No. 1 assaulted informant. Injury caused by petitioner no. 1 is grievous in nature.

6. In view of the fact that petitioner No. 1 caused grievous injury, prayer for anticipatory bail of petitioner No. 1 is refused. However, considering the nature of accusation against petitioner Nos. 2 & 3, the anticipatory bail with regard to petitioner Nos. 2 & 3 is allowed and it is ordered that the above named petitioner Nos. 2 & 3 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 Chief Judicial Magistrate, Madhepura in connection with Srinagar P.S. Case No. 1/2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Prabhat Kumar Singh, J) Jyoti Kumari/- U T