Md. Jilani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28681 of 2026 Arising Out of PS. Case No.-659 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== 1.

Md. Jilani S/O Md. Gafar R/O Village- Faridapur, P.S- Belaganj, Distt.- Gaya.

2.

Md. Quamruddin @ Md. Kamru Miyan S/O Md. Bedar Miyan R/O VillageFaridapur, P.S- Belaganj, Distt.- Gaya. 3.

Md. Mustakim @ Md.Mustkin Miya S/O Abdul Gani @ Abdul Gani Miya R/O Village- Faridapur, P.S- Belaganj, Distt.- Gaya. 4.

Md. Istekhar S/O Abdul Gani R/O Village- Faridapur, P.S- Belaganj, Distt.- Gaya.

5.

Md. Chandu Miyan @ Masuk Miyan S/O Md. Azij Miyan @ Abbas Miyan R/O Village- Faridapur, P.S- Belaganj, Distt.- Gaya. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ratnakar Pandey, Advocate For the State :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Belaganj P.S. Case No. 659 of 2025, dated 15.11.2025, registered for the offences punishable under Sections 191(2), 191(3), 126(2), 115(2), 125, 74, 75, 352, 351(2) and 61(2) of the B.N.S., 2023.

3. As per prosecution case, petitioners and other coaccused persons hurled filthy abuses against the informant and other ladies and tried to outrage their modesty. They put down

Patna High Court CR. MISC. No.28681 of 2026(2) dt.30-04-2026 2/3 the informant and tried to commit rape with her. They resorted to brick batting from the mosque and also opened fire.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is case and counter version which is earlier in time bearing Belaganj P.S. Case No. 657 of 2025 registered by the petitioners' side against the informant and others. The informant's side attacked the mosque and damaged it. In order to settle score, this false case has been lodged against the petitioners, in fact no offence as alleged in the FIR has been made out against the petitioners. The FIR has been lodged with vague and absurd allegations. The petitioners are all above the age of fifty years and the allegations are simply not believable. The petitioners are having clean antecedents.

5. Learned APP opposes the submissions made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegations and further considering the possibility of false implication in the background of the present case, let the petitioners, above-named, in the event of their arrest or surrender before the Court concerned within a period of eight

Patna High Court CR. MISC. No.28681 of 2026(2) dt.30-04-2026 3/3 weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Belaganj P.S. Case No. 659 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned trial Court.

(Arun Kumar Jha, J) Shahnawaz/- U T