Md. Sahnawaz @ Md. Shanawaz @ Kaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32434 of 2025 Arising Out of PS. Case No.-670 Year-2020 Thana- ARARIA District- Araria ====================================================== Md. Sahnawaz @ Md. Shanawaz @ Kaisar S/O Isrile R/O Vill.- Farikya, P.S.- Bounsi, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner who apprehends arrest in connection with Araria (Bairgachhi) P.S. Case No. 670/2020 lodged on 21.08.2020 for the offences punishable under sections 147, 148, 149, 341, 323, 325,302 and 504 of the Indian Penal Code.

3. As per the prosecution, the F.I.R. has been lodged against six named accused persons, including the petitioner, alleging that they, in connivance with each other, went to the house of the informant and assaulted her, thereby causing injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has clean antecedents. It is further submitted that,

Patna High Court CR. MISC. No.32434 of 2025(3) dt.13-08-2025 2/3 upon conclusion of the investigation, the police did not submit a charge-sheet against the petitioner. However, subsequently, the learned Magistrate took cognizance, and it is for this reason that the petitioner has been compelled to approach this Court after the cognizance order.

5. Learned APP for the State opposes the prayer for bail.

6. In view of the aforesaid facts and circumstances, particularly taking into consideration the fact that the chargesheet was not initially filed by the police against the petitioner, but cognizance was subsequently taken by the learned Magistrate, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned Judicial Magistrate, 1st Class, Araria in connection with Araria (Bairgachhi) P.S. Case No. 670/2020, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further condition that the Trial Court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has

Patna High Court CR. MISC. No.32434 of 2025(3) dt.13-08-2025 3/3 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.

(Dr. Anshuman, J) Ashwini/- U T