Md. Gufran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25863 of 2025 Arising Out of PS. Case No.-365 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.
Md. Gufran S/o Md. Salaauddin R/o Village- Ujani, P.S.- Naugachia, District- Bhagalpur 2.
Md. Hasnain S/o Md. Salaauddin R/o Village- Ujani, P.S.- Naugachia, District- Bhagalpur 3.
Md. Sohail S/o Md. Budhu R/o Village- Ujani, P.S.- Naugachia, DistrictBhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Naugachia P.S. Case No. 365 of 2022 dated 25.11.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.
3. As per the prosecution case, the informant's father and uncle went to the house of Md. Zawed for discussion about the last evening incident. Thereafter, the co-accused, Md. Zawed become aggressive and started abusing them. On hearing noise,
Patna High Court CR. MISC. No.25863 of 2025(2) dt.07-07-2025 2/3 the co-accused Md. Salauddin gave order to kill the uncle and the father of the informant then the petitioners and the coaccused persons holding with lathi, danda and iron rod assaulted the father of the informant causing injury on his chest and back. It is further alleged that the father of the informant died due to assault.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is case and counter case between the parties. There is general and omnibus allegation against the petitioners. It is further submitted that there is no specific allegation of assault against the petitioners rather the specific allegation of assault upon the informant's father is against the co-accused Md. Sallauddin and upon the informant's uncle is against Bano Khatoon. As per the injury report of the injured, Md. Sarfaraj, he sustained injury i.e. abrasion over neck and the injury is simple in nature caused by hard and blunt substance. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 05.02.2025. The co-accused person has already been granted regular bail by this Court vide order dated 02.08.2023 passed in Cr. Misc. No. 46428 of 2024.
Patna High Court CR. MISC. No.25863 of 2025(2) dt.07-07-2025 3/3
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 365 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T