Patna High CourtCR. MISC./30503/2025bail rejected

Baharuddin @ Badrudin v. The State Of Bihar

2025-08-06Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30503 of 2025 Arising Out of PS. Case No.-238 Year-2021 Thana- POTHIYA District- Kishanganj ====================================================== Baharuddin @ Badrudin Son of Abdul Sakur Resident of Village - Khoksabari, P.S.- Pothia, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2025 Heard Mr. Ram Prawesh Kumar learned counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Pothia P.S. Case No. 238 of 2021 for the offence punishable under sections 341, 379, 323, 324, 307, 504, 506/34 of the Indian Penal Code lodged on 12.12.2024 by the informant, Nazir Ahmad.

3. As per the prosecution story, the informant alleged that while he was in a Panchayat, his brother (petitioner herein) called him to home. As he was moving towards his home, the petitioner along with his other associates intercepted and this petitioner gave sword blow injuring his body from chest to stomach thereafter the other accused persons also assaulted on him causing injuries.

4. The matter is of the year 2021, the anticipatory bail

Patna High Court CR. MISC. No.30503 of 2025(3) dt.06-08-2025 2/2 of the petitioner was rejected in the month of July, 2023, the petitioner chose his own time despite being the main accused and came into judicial custody only in the month of December, 2024.

5. Though learned counsel for the petitioner tried to impress upon this court that due to land dispute, the own brother has exaggerated the allegation, learned APP opposes the prayer for bail and submits that he is the main accused and evaded arrest for three years despite the rejection of anticipatory bail in the year 2023.

6. Taking into account the aforesaid facts as also the materials on record and direct allegation that his own brother has made against him, no relief can be granted.

7. This bail application stands rejected.

(Rajiv Roy, J) Raj Ranjan/- U T