Md. Wasil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32668 of 2025 Arising Out of PS. Case No.-518 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== Md. Wasil S/o Late Md. Dalu Miyan Resident of Village- Bhadaul, P.S.- Bharahi, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vijaya Laxmi Srivastawa, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and Ms. Madhuri Lata, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 303(2) and 3(5) of the BNS Act.

3. The case of the prosecution is that the accused persons were pressurizing the husband of the informant for compromising Murliganj P.S. Case No. 456 of 2024. It is further alleged that the petitioner along with 9 others assaulted the husband of the informant with lathi, khanti and iron rod due to which he received bleeding head injuries. It is further alleged that the accused persons took away Rs.50,000/- from the pocket of the injured.

4. Learned counsel for the petitioner submits that from the perusal of the FIR itself it will transpire that the occurrence is of 27.11.2024 whereas the FIR has been lodged on 02.12.2024.

Patna High Court CR. MISC. No.32668 of 2025(2) dt.22-05-2025 2/2 The delay in lodging of the FIR is not explained. Learned counsel has also submitted that the nature of allegation is general and omnibus. It is clear from the order of the trial court that one of the injuries which has been received by the injured is grievous in nature but from perusal of the FIR it is clear that it is not mentioned as to who is the perpetrator of the alleged occurrence. The petitioner is in custody since 14.02.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail. He submits that the petitioner is having criminal antecedent of five cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Murliganj P.S. Case No. 518 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura.

(Ashok Kumar Pandey, J) Durgesh/- U T