Md. Subhan @ Sabdu @ Subudu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31643 of 2025 Arising Out of PS. Case No.-97 Year-2024 Thana- NIMACHANDPURA District- Begusarai ====================================================== Md. Subhan @ Sabdu @ Subudu S/o Md. Ibrahim @ Ibrahim R/o VillageParna, P.S.- Neemachandpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Adv For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Neemachandpura P.S. Case No. 97 of 2024 instituted for the offences under Sections 115(2), 126(2), 308(2), 109, 352, 351(2), 3(5) B.N.S.

3. As per the prosecution case, the petitioner and the other named co-accused persons are alleged to have assaulted the husband of the informant with Knife, Lathi and Iron Rod causing grievous injury to him.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case on account of previous enmity with the husband of the informant. It is further stated that there is general and omnibus

Patna High Court CR. MISC. No.31643 of 2025(2) dt.19-05-2025 2/3 allegation against the petitioner. It is next submitted that no incriminating article has been been recovered from the conscious possession of the petitioner. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 14.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that the petitioner and other named accused persons are alleged to have assaulted the informant's husband.

6. Considering the aforesaid submissions of the respective parties and taking into account the fact that there is general and omnibus allegation against the petitioner coupled with the fact that the petitioner is in custody since 14.11.2024, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai, in connection with Neemachandpura P.S. Case No. 97 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

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

(iii) In case of absence on two

Patna High Court CR. MISC. No.31643 of 2025(2) dt.19-05-2025 3/3 consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T