Aamir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35021 of 2026 Arising Out of PS. Case No.-200 Year-2024 Thana- KARPI District- Arwal ====================================================== Aamir Hussain S/o Aas Mohammad Resident of Village- Rohai, P.S.- Karpi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2026 Heard the parties through virtual mode.

2. The petitioner is apprehending his arrest in connection with Karpi P.S. Case No. 200 of 2024 registered for the offence under Sections 126(2), 115(2), 118(1), 117(2), 109, 352 and 3(5) of the B.N.S. lodged on 31.08.2024 by the informant, Munna Shekh.

3. As per the prosecution story, the informant alleged that due to land dispute the accused persons resorted to assualt. Sarfaraj Alam gave iron rod blow to the informant on his head while Sakir Hussain assaulted his fater Sheikh Ahmad again on the head. When his brother Mushtafa Alam came to rescue, others resorted to assault causing injury on his hands. This led to the F.I.R.

4. Learned counsel for the petitioner submits that a

Patna High Court CR. MISC. No.35021 of 2026(2) dt.20-05-2026 2/3 perusal of the F.I.R. would show that specific allegation is against Sarfaraj Alam and Sakir Hussain while omnibus allegation against others including this petitioner that they assaulted Mustafa Alam on the hands. There is a counter version also filed by the petitioner and the last submission is that he do not have criminal antecedent.

5. Learned APP opposes the prayer submitting that allegation is there against all the accused persons.

6. Taking into account the submissions of the parties as also the fact that he is a young boy, a student appearing in the examination, main allegation is against Sarfaraj Alam and Sakir Hussain, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with Karpi P.S. Case No. 200 of 2024 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official

Patna High Court CR. MISC. No.35021 of 2026(2) dt.20-05-2026 3/3 document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;

(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iii) 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/her bail bond by the Trial Court itself;

(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 bail bonds. (Rajiv Roy, J) Vinayak/Anjali U T