Md. Anjar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30925 of 2025 Arising Out of PS. Case No.-186 Year-2023 Thana- PRATAPGANJ District- Supaul ====================================================== MD. ANJAR Son of Md. Aziz @ Md. Ajij Miya @ Md. Ajij Resident of village - Machaha, Saurajan Ward No.- 7, P.S.- Pratapganj, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2025 Heard Mr. Naisu Zzoha, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Pratapganj P.S. Case No. 186 of 2023 for the offence punishable under Sections 341, 447, 448, 307, 504/34 of the Indian Penal Code and section 27 of the Arms Act lodged on 29.09.2023 by the informant, Md. Iftakhar Hussain.
3. As per the prosecution story, the informant alleged that on the fateful day, the accused persons stormed into his house and resorted to indiscriminate firing but anyhow, he closed the door and escaped from the alleged assault. This led to the FIR.
4. Learned counsel for the petitioner submits that a perusal of the FIR would show that it has been exaggerated to
Patna High Court CR. MISC. No.30925 of 2025(3) dt.06-08-2025 2/3 the extent that despite indiscriminate firing, no bullet hit the informant. The petitioner has no criminal antecedent and had no knowledge about his implication which delayed coming into judicial custody.
5. Learned counsel with the help of Annexure-2 submits that Sushil Kumar Mandal who is also named alongwith the petitioner in the FIR has been extended bail in Cr. Misc. No. 86476 of 2023.
6. Learned APP opposes the prayer submitting that allegation is of indiscriminate firing.
7. Considering the submissions of the parties as also the fact that he is in custody since 02.01.2025, has clean antecedent, a fact recorded by the Police also in the case diary, similar situated has been extended relief, in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Supaul, in connection with Pratapganj P.S. Case No. 186 of 2023 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.30925 of 2025(3) dt.06-08-2025 3/3 member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T