Md. Nizam @ Md. Najam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9414 of 2026 Arising Out of PS. Case No.-152 Year-2024 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

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

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

Md. Ejaj @ Guddu @ Md. Azad Son of Md. Nizam 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 For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2026

1. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners apprehends their arrest in connection with Srinagar P.S. Case No. 152 of 2024, dated 24.12.2024, registered under Sections 126(2), 115, 109, 303(2), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, is that on 20.12.2024, while the informant was at his door and her daughter-in-law was preparing food, co-accused Md. Shahnawaz is alleged to have thrown a brick, which hit her due to which she fell down unconscious. After this, upon the orders of co-accused Md. Shakur, Md.

Patna High Court CR. MISC. No.9414 of 2026(2) dt.12-03-2026 2/3 Shahnawaz assaulted the informant by means of Farsa, causing head injury. When Gulnaz Begam came to save the informant, she was also assaulted by co-accused Md. Ijraile, causing injury at her head. It has further been alleged that other accused persons also assaulted the family members of the informant. The petitioner no. 3 assaulted the informant's son by means of lathi and petitioner no. 1 snatched mobile from informant's son-inlaw. There is no specific allegation alleged against the petitioner no. 2.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case and allegations against them are general and omnibus in nature. He next submits that counter case has also been lodged by the side of the petitioners bearing Srinagar Police Station Case No. 153 of 2024 against the informant and others. During the entire incident, only two persons from the informant's side are stated to have sustained injuries, which are simple in nature, and the said injuries were not caused by the petitioners. He further submits that similarly situated co-accused persons, namely, Md. Afroj and Md. Sakur, have been granted anticipatory bail by a Co-ordinate Bench of this Court in

Patna High Court CR. MISC. No.9414 of 2026(2) dt.12-03-2026 3/3 Cr. Misc. No. 69629 of 2025.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the allegations against the petitioners are general and omnibus in nature, case and counter-case is there and similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released 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 learned Chief Judicial Magistrate, Madhepura, in connection with Srinagar Police Station Case No. 152 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) ashwani/- U T