Md. Arbaz Alam @ Afridi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31941 of 2025 Arising Out of PS. Case No.-155 Year-2024 Thana- KASHICHAK District- Nawada ====================================================== 1.
Md. Arbaz Alam @ Afridi S/o- Md. Sahzad Alam Resident of VillageBauri, P.S.- Kashichak, District- Nawada, 2.
Mahtab Ali @ Md. Mahtab Alam @ Md. Mahtab Ali S/o- Mojibur Rahman Resident of Village- Bauri, P.S.- Kashichak, District- Nawada, 3.
Md. Shahab S/o- Mojibur Rahman Resident of Village- Bauri, P.S.- Kashichak, District- Nawada, ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Alok Kumar, Advocate.
:
Mr. Man Mohan Kumar, Advocate.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Kashichak P.S. Case No.155 of 2024 instituted under Sections 191(2), 190, 126(2), 115(2), 109, 303(2), 324(4), 329(3), 352, 351(2) of the BNS, 2023.
3. As per the prosecution case, the accused persons including the petitioners came to the house of informant armed with iron rod and lathi and abused the informant and when her husband alongwith son and daughter came to save her, accused Rehan and Md. Kaif assaulted with iron rod on the head of the son and daughter of the informant causing injury to them.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.31941 of 2025(2) dt.19-05-2025 2/2 petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties due to land dispute. Learned counsel submits that the allegation against the petitioners are general in nature and the injuries on the injured are simple in nature. He further submits that although petitioners have three criminal antecedents, however, they are on bail in all the cases and they undertake to cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Nawada in connection with Kashichak P.S. Case No.155 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) Ritik/- U T