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Patna High CourtCR. MISC./32627/2025allowed

Md. Mosahid v. The State Of Bihar

2025-05-21Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32627 of 2025 Arising Out of PS. Case No.-133 Year-2025 Thana- ALOULI District- Khagaria ====================================================== Md. Mosahid son of Julfikar @ Md. Julfakkar Village- Sahsi, ps- Alauli, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-05-2025 Heard Mr. Ram Sumiran Rai, learned counsel for the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioner has prayed for bail in connection with Alouli P.S. Case No.133 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 308(4), 352 and 3(5) of BNS and Section 37 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that the petitioner assaulted with knife in the chest of the informant and demanded Rs.25,000/- rangdari. It is further alleged that he also took Rs.1500/- in cash and a gold locket. The learned counsel for the petitioner has also submitted that though there is allegation that the petitioner has assaulted with knife in the chest of informant

Patna High Court CR. MISC. No.32627 of 2025(2) dt.21-05-2025 2/3 but there is no description as to whether the informant was treated or not and where he was treated. The learned counsel for the petitioner has also submitted that there is also a counter version of this case which has been filed by the petitioner and according to that case, he was assaulted with iron rod on his head. The learned counsel for the petitioner has also submitted that annexure-3 will show that due to intervention of well wishers, parties have compromised the case.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is languishing in judicial custody since 31.03.2025.

5. The application for bail is opposed by learned APP for the State and submitted that the petitioner is having criminal antecedent of one case.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.32627 of 2025(2) dt.21-05-2025 3/3 Exclusive Special Judge, Excise-1st, Khagaria in connection with Alouli P.S. Case No.133 of 2025.

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