Md. Dilshad Raja @ Dilshad Rza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11792 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- KESARIA District- East Champaran ====================================================== 1.
Md. Dilshad Raja @ Dilshad Rza Son of Naushad Ahmad Resident Of Village- Derwa Mathiya, PS- Kesariya, Distt.- East Champaran 2.
Md. Dilkash Raza @ Dilkash Raja Son of Naushad Ahmad Resident Of Village- Derwa Mathiya, PS- Kesariya, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-05-2025 Heard Mr. Praveen Kumar, learned counsel appearing on behalf of the petitioners and Mr. Ram Bilash Roy Raman, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Kesariya P.S. Case no. 238 of 2024 registered for the offence(s) punishable under sections 126(2), 115(2), 329(3), 118(1), 109, 74, 352, 351(2), 351(3), 3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioners assaulted the informant's son, who sustained injury.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and due to previous enmity the petitioners have been made accused in the
Patna High Court CR. MISC. No.11792 of 2025(3) dt.14-05-2025 2/3 present case. The injury sustained by the son of the informant is simple in nature. The petitioners have clean antecedent. On these grounds, the petitioners seek to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR, as well as, from the injury report it appears that the injury sustained by the son of the informant is simple in nature, the petitioners are having clean antecedent, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran/successor Court in connection with Kesariya P.S. Case no. 238 of 2024 , subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found
Patna High Court CR. MISC. No.11792 of 2025(3) dt.14-05-2025 3/3 that the petitioners are involved in some other cases, as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J.) Ashishsingh/- U T