Md. Afroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24963 of 2025 Arising Out of PS. Case No.-405 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Md. Afroj S/O Md. Azad @ Md. Aajad Resident of Village- Raghunichak, P.S- Bibhutipur, District- Samastipur.

2.

Md. Azad @ Md. Aajad S/O Md. Janir Resident of Village- Raghunichak, P.S- Bibhutipur, District- Samastipur.

3.

Md. Manerul @ Md. Manirul S/O Md. Azad @ Md. Aajad Resident of Village- Raghunichak, P.S- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2025 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Bibhutipur PS case no. 405 of 2024 dated 28.11.2024, disclosing offences punishable under Section 126(2) and other allied sections of the B.N.S.S. 2023. 3.

The prosecution story, as per the First Information Report, is that on 25.11.2024 while the informant was coming towards his village at about 3 pm, petitioners and other accused persons accosted the informant and assaulted him with iron rod and bamboo, due to which, he sustained injury. It has further

Patna High Court CR. MISC. No.24963 of 2025(2) dt.05-05-2025 2/3 been alleged that they also snatched the golden ornament from the informant and money from his pocket.

4.

Learned Counsel for the petitioners submits that as per F.I.R., there appears to be previous dispute between the parties during Chhath puja. Referring to the impugned order, learned counsel submits that the learned A.S.J.-IX, Samastipur has taken note of the injury report available in the case diary but has not described the same as grievous in nature. The petitioners are stated to be having clean antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioners are having no criminal antecedent and injury has not been described in the impugned order as grievous, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released 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 Sub-Divisional Judicial Magistrate, Samastipur in connection with Bibhutipur PS case no. 405 of

Patna High Court CR. MISC. No.24963 of 2025(2) dt.05-05-2025 3/3 2024, subject to the condition laid down under Section 482(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T