Patna High CourtCR. MISC./20604/2025bail granted

Gulshan Khatoon v. The State Of Bihar

2025-04-22Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20604 of 2025 Arising Out of PS. Case No.-335 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Gulshan Khatoon W/o- Md. Ainool Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 2.

Raushani Khatoon D/o- Md. Ainool Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 3.

Nikhat Khatoon D/o- Md. Ainool Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 4.

Md. Ainool S/o- Late Chhabbu Mian Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 5.

Md. Sainool S/o- Late Chhabbu Mian Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 6.

Md. Dilshad S/o- Md. Ainool Village- Bhatkhora Tola Sonbarsa W.No-7, PsMurliganj Dist- Madhepura 7.

Md. Parwez S/o- Md. Basir Village- Bhatkhora Tola Sonbarsa W.No-7, PsMurliganj Dist- Madhepura 8.

Md. Sarfraj S/o- Md. Sainool Village- Bhatkhora Tola Sonbarsa W.No-7, PsMurliganj Dist- Madhepura 9.

Md. Sartaj S/o- Late Md. Jainool Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 10.

Md. Naushad @ Naushad Alam S/o- Late Md. Jainool Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 11.

Md. Irshad S/o- Late Md. Jainool Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 12.

Md. Jafir S/o- Late Md. Habib Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 13.

Md. Jakir S/o- Late Md. Habib Village- Bhatkhora Tola Sonbarsa W.No-7, Ps- Murliganj Dist- Madhepura 14.

Md. Dilo S/o- Md. Jakir Village- Bhatkhora Tola Sonbarsa W.No-7, PsMurliganj Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Uday Chand Prasad, Advocate For the State :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

Patna High Court CR. MISC. No.20604 of 2025(2) dt.22-04-2025 2/3 22-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 352 and 303(2) of the B.N.S..

3. As per prosecution case, informant, namely Md. Majlool, alleged that on 14.07.2024 at around 4 PM, his son was hit by car of neighbor Md. Ainal and when he objected all the accused persons named in the F.I.R., including these petitioners, by means of sword, rod and axes, assaulted informant and his family members. It is further alleged that they also stole Rs. 20,000/- cash from house of informant, snatched locket worth Rs. 5,000/- from daughter-in-law of informant and also outraged the modesty of informant's wife.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, due to petty dispute over accidental hit by car, a scuffle took place between the parties in which both sides sustained injuries. Allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners. The present case is counter-blast of Murliganj P.S. Case No. 336 of 2024

Patna High Court CR. MISC. No.20604 of 2025(2) dt.22-04-2025 3/3 which was lodged by Petitioner No. 1 against informant and others. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the general and omnibus nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned J.M., 1st Class, Madhepura in connection with Murliganj P.S. Case No. 335 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T