Md. Rustam @ Naipla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28421 of 2025 Arising Out of PS. Case No.-67 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== 1.

Md. Rustam @ Naipla Son of Md. Varik @ Md. Barik Miyan Resident of Phulwaria Ganj, P.S.- Phulwaria, District - Begusarai 2.

Md. Bhola Son of Mohammad Rustam @ Naipla Resident of Phulwaria Gunj, P.S.- Phulwaria, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioners :

Md. Fazle Karim , Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2025 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 147, 148, 323, 341, 307, 354, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, it is alleged that Petitioner No. 1 assaulted informant with iron rod and Petitioner No. 2 assaulted brother of informant with iron rod.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. The present case is counter-blast of Phulwaria P.S. Case No. 66 of 2023 which was lodged earlier in

Patna High Court CR. MISC. No.28421 of 2025(4) dt.11-08-2025 2/2 point of time against informant and others and only with a view to save their skin from the aforesaid case, this false and concocted case has been lodged. Doctor has found the injuries sustained by the injured simple in nature.

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

6. Considering the facts and circumstances of the case, case and counter-case between the parties and nature of injuries, 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 C.J.M., Begusarai in connection with Phulwaria P.S. Case No. 67 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T