Murshid Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36055 of 2026 Arising Out of PS. Case No.-50 Year-2026 Thana- HASANGANJ District- Katihar ====================================================== 1.
Murshid Mian S/o Late Kamruddin Resident of Village- Purana Dherwa, P.S.- Hasanganj, District- Katihar 2.
Ibraj Mian S/o Late Kamruddin Resident of Village- Purana Dherwa, P.S.- Hasanganj, District- Katihar 3.
Rashid Mian S/o Late Kamruddin Resident of Village- Purana Dherwa, P.S.- Hasanganj, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md Musowir, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2026 The Court proceeding is being conducted through virtual mode.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners who apprehend arrest in connection with Hasanganj P.S. Case No. 50 of 2026 lodged on 14.02.2026, for the offences punishable under Sections 126(2), 115(2), 109, 76, 351(2), 351(3), 352, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution, the F.I.R. has been lodged against twelve named accused persons including the present
Patna High Court CR. MISC. No.36055 of 2026(2) dt.02-06-2026 2/3 petitioners. Allegation against petitioner No. 1 that he had assaulted by lathi and allegation against petitioner No. 2 that he had assaulted by knife due to which injury has been caused.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that due to issue of papaya tree, the dispute arisen between the family of informant and petitioner and for the same date and place of occurrence dated 12.02.2026, two FIRs, i.e., Hasanganj P.S. Case No. 49/2026 and Hasanganj P.S. Case No.50/2026 have been lodged after two days of the occurrence. Counsel submits that petitioners are well-known to each other. The injury is basically simple in nature, which is annexed as Annexure-P/3.
6. Learned APP for the State, on the other hand, opposes the prayer for bail but fairly submits that there is case and counter-case.
7. In the present facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- ₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
Patna High Court CR. MISC. No.36055 of 2026(2) dt.02-06-2026 3/3 satisfaction of the learned J.M 1st Class, Katihar, in connection with Hasanganj P.S. Case No.50 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the trial Court shall take step for cancellation of bail bond of the petitioners. 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) Mkr./Bipin/- U T