Md. Wasim @ Md. Basim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32718 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Md. Wasim @ Md. Basim, S/o Late Alam Saheb @ Late Md. Alam Saheb @ Md. Late Alam @ Late Md. Alam @ Md. Alam, R/o Village- Harrakh Ward No. 13, P.S.- Town, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Gautam, Advocate For the State :
Mr. Surendra Kumar, APP For the Informant :
Mr. Shubhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard Mr. S.K. Gautam, learned counsel for the petitioner, Mr. Shubhesh Pandey, learned counsel for the informant and Mr. Surendra Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection with Begusarai Town P.S. Case No. 82 of 2025 registered for the offence punishable under Sections 127(1), 115(2), 109, 117(2), 352, 351(2) and 3(5) of Bhartiya Nayay Sanhita (BNS), 2023.
3. The case of the prosecution is that the petitioner and others being armed with iron rod and danda arrived and were not ready to obey the terms and conditions of the Panchayati. It is alleged that petitioner and others assaulted the
Patna High Court CR. MISC. No.32718 of 2025(2) dt.22-05-2025 2/3 informant Md. Ejaj over his head by danda and iron rod, as a result of which he sustained head injury. It is alleged that during treatment the informant was given 18 stitches on his head.
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. From perusal of the injury report, it will transpire that there is one head injury which is closed lacerated wound on left parietal about 3 cm to 0.5 cm and final impression report shows no significant abnormality. Though there is allegation that informant sustained 18 stitched wound on head, but the same is not supported by the injury report, which questions the authenticity of the prosecution. It has further been submitted that similarly situated accused persons have been granted anticipatory bail by learned Co-ordinate Bench vide order dated 21.05.2025 in Cr. Misc. No. 32660 of 2025. The case of this petitioner stands on similar footing. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. He is languishing in judicial custody since 28.02.2025.
5. The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant.
Patna High Court CR. MISC. No.32718 of 2025(2) dt.22-05-2025 3/3
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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 82 of 2025.
(Ashok Kumar Pandey, J) lata/- U T