Md Gayas @ Md. Gyasuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11643 of 2025 Arising Out of PS. Case No.-158 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Md Gayas @ Md. Gyasuddin S/O Md. Nizamuddin @ Md. Nejam R/O Vill.- Damodarpur, Ward no. 5, P.S.- Bhagwanpur, Dist.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-04-2025 1.
Heard Mr. Anshu Dhar Sharma, learned Counsel for the petitioner through virtual mode, however learned APP for the State is present.
2.
This application, for grant of anticipatory bail, arises out of Bhagwanpur PS case no. 158 of 2024 dated 06.06.2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code. 3.
The prosecution story, as per the First Information Report, is that on 05.06.2024 at about 5 pm in the evening, when the informant along with his son reached near the house of Dildar, suddenly petitioners along with other accused persons arrived there and on the order of petitioner, all the accused persons assaulted the informant and his son. It has further been alleged that Md. Shakir assaulted with iron rod on the head of
Patna High Court CR. MISC. No.11643 of 2025(2) dt.02-04-2025 2/3 the informant's son and co-accused Md. Shahjada assaulted Md. Afridi by lathi.
4.
Learned Counsel for the petitioner submits that petitioner is having no criminal antecedent and occurrence has taken place due to dispute between the daughter of the informant and one Md. Zafar, who has not been made accused in the present case. Learned counsel further submits that both parties are co-villagers and side of the petitioner also submitted a written report for lodging the F.I.R. but the same was not been registered, however an application bearing Application no. 2033 was submitted by the side of the petitioner before the Superintendent of Police, Begusarai. He also submits specific allegation of assault is not against the petitioner but the same is against two other accused persons and one of them Md. Shahjada has been granted anticipatory bail by Additional Sessions Judge-VII vide order dated 10.01.2025 (Annexure-P/3).
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-villagers, specific allegation of assault is not against the petitioner and one of the co-accused Md. Shahjada has been granted anticipatory by learned District Court as also
Patna High Court CR. MISC. No.11643 of 2025(2) dt.02-04-2025 3/3 the fact that petitioner is not having any criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner.
6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur PS case no. 158 of 2024, subject to the condition laid down under Section 482 of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T