Saif Sai @ Mohammad Saif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14440 of 2025 Arising Out of PS. Case No.-217 Year-2024 Thana- SATHI District- West Champaran ====================================================== Saif Sai @ Mohammad Saif S/O Late Jamil Sai R/O Vill.- Barawa Kala, P.S.- Sathi, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Sathi P.S. Case No. 217 of 2024 registered for the offence under Sections 126(2), 115(2), 118(1), 109, 76 and 3(5) of the Bharatiya Nyaya Sanhita.

3. According to the case of prosecution, it is alleged that on 10.11.2024, at about 4:00 pm. there was a dispute going on between children, allegedly the present applicant along with the co-accused Asiya Khatoon reached there and intervened. At that time, allegedly present applicant assaulted on Md. Kabir with the help of sword due to that he sustained injuries on his head and other parts of the body. It is further alleged that the co-

Patna High Court CR. MISC. No.14440 of 2025(3) dt.12-05-2025 2/3 accused Shahjahan Khatoon also assaulted the informant Asiya Khatoon, due to that, she also sustained injuries. On the basis of the information given by Asiya Khatoon, the offence has been registered.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case due to some earlier dispute with the Asiya Khatoon and her husband. He further submits that the injured Md. Kabir has sustained only one injury on his vital part, however, it was of simple nature. Co-accused Shahjahan Khatoon has already been granted benefit of Regular Bail by the co-ordinate Bench of this Court vide order dated 02.04.2025 in Cr. Misc. No.14953 of 2025. The present applicant is in custody since 13.11.2024. Therefore, on these grounds, it is prayed that the petitioner may be granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Heard.

7. Perused the case diary and other materials available on record.

8. Considering the submissions made by the counsel for the petitioner and further considering the fact that

Patna High Court CR. MISC. No.14440 of 2025(3) dt.12-05-2025 3/3 the co-accused person has already been granted bail by the Coordinate Bench of this Court, I am of the view that it is a case where the petitioner should be granted benefit of bail.

9. Accordingly, the application is allowed.

10. The petitioner, above named, 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 C.J.M., West Champaran, Bettiah in connection with Sathi P.S. Case No. 217 of 2024.

(Arvind Singh Chandel , J) shailendra/saurav U T