Md. Bablu @ Juned Hasmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24831 of 2025 Arising Out of PS. Case No.-174 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== Md. Bablu @ Juned Hasmi S/o- Md. Halimuddin Resident of VillageSabalpur, PS- Morkahi Distrit- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmatma Singh, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP For the Informant :

Mr. Sandip Kumar Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner, counsel appearing for the respondent-State as well as Counsel for the informant.

2. It is the first regular bail application submitted by the petitioner/applicant who has been arrested in connection with Morkahi P.S. Case No. 174 of 2024 for the alleged offences punishable under Section 115(2), 119(1), 126(2), 308(2), 308(5), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita and under Section 27 of the Arms Act.

3. According to the case of prosecution, it is alleged that on 18.11.2024 petitioner along with other co-accused persons demanded Rs. 50,000/- as extortion from the complainant/informant. According to the contents of the FIR the informant gave some money to all accused persons separately. It is further alleged that during

Patna High Court CR. MISC. No.24831 of 2025(2) dt.01-05-2025 2/3 course of transaction the accused persons also assailed the informant and due to that he sustained injuries. However, the informant firstly informed about the incident to the Village Panchayat and then after two days of the incident alleged the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and falsely implicated in this case due to some previous land dispute with the informant. He further submits that the petitioner is in custody since 20.01.2025 and referring to the impugned order dated 05.03.2025 whereby the regular bail application has been rejected by the lower court, he submit that as contended in the Para 73 of the case diary only one criminal antecedent is there. Therefore, it is prayed by him that the petitioner may be granted benefit of bail.

5. Learned counsel appearing on behalf of respondentState as well as counsel for the informant opposes the argument and submit that as contained in Para 67 of the case diary one more criminal antecedent of the accused is present which has not been disclosed by him. Therefore, on this ground only the prayer for bail may be rejected.

6. Considering the submission made by both the counsels and further considering the fact of the case. The application preferred by the petitioner is allowed, the petitioner, above named, is directed to be released on bail in connection with Morkahi P.S. Case No. 174 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.24831 of 2025(2) dt.01-05-2025 3/3 Thousand) with two sureties to the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate, 2nd Khagaria.

(Arvind Singh Chandel , J) Siddharth Soni/- U T