Md. Ashique @ Tamanna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29140 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Md. Ashique @ Tamanna, Son of Md. Anzeem R/o Bhanpur, P.S.- Babubarahi, District- Madhubani.

2.

Md. Jakir @ Jakir, Son of Md. Anzeem, R/o Bhanpur, P.S.- Babubarahi, District- Madhubani.

3.

Md. Hanan, Son of Md. Kalim, R/o Bhanpur, P.S.-Babubarahi, DistrictMadhubani. 4.

Tanjila Khatoon, Daughter of Md. Hanan, R/o Bhanpur, P.S.- Babubarahi, District- Madhubani.

5.

Md. Irfan, Son of Md. Saiyed, R/o Bhanpur, P.S.-Babubarahi, DistrictMadhubani. 6.

Khodeja @ Bibi Khodeja, Daughter of Md. Ibrar, R/o Bhanpur, P.S.- Babubarahi, District- Madhubani.

7.

Chano Khatoon Daughter of Md. Saiyed, R/o Basaha, P.S.- Babubarahi, District- Madhubani.

8.

Jaiyda Khatoon Daughter of Md. Saiyed, R/o Bhanpur, P.S.- Babubarahi, District- Madhubani.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate Ms. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Babubarahi P.S. Case No.47 of 2024 registered under Sections 147, 341, 323,

2/4 324, 307, 379 and 504 read with 34 of the Indian Penal Code.

3. As per FIR, all named co-accused persons, who are eight in numbers are petitioner in present bail petition, alleged to assault informant and his family members, where during the course of occurrence informant received injury and daughter of informant Anjima Khatoon was also alleged to be assaulted by using knife, which caused injury on her hand.

4. It is submitted by learned counsel appearing for the petitioners that the allegation qua physical assault is appearing very much general and omnibus in nature. It is submitted that the allegation as to cause injury by knife is appearing prima facie false on its face in view of injury report of injured Anjima Khatoon, which said to be caused by hard and blunt substance and was inflicted on right forearm near wrist joint, which upon medical examination found simple in nature. It is submitted that the injured namely, Md. Guddu and Anjima Khatoon also received injuries by using

3/4 hard and blunt substance and their injuries are also simple in nature. Explaining criminal antecedent, it is submitted that petitioners found involved in one more criminal case i.e. Babubarhi P.S. Case No.9 of 2024, which was lodged by the agnates/family members of the informant.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as prima facie none of the injuries found to be caused by sharp edged weapon like knife and are simple in nature, accordingly, all above-named eight petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV, Madhubani in connection with Babubarhi P.S. Case No.47 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

4/4 (Chandra Shekhar Jha, J.) Sanjeet/- U T