Md. Meharuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42452 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- BHIMPUR District- Supaul ====================================================== 1.

Md. Meharuddin S/o Md. Alijan @ Late Alijan Miyan Vill.- Thudi (ward no. 08), PS- Bhimpur, Distt.- Supaul 2.

Md. Samruddin @ Md. Saddam S/o Md. Meharuddin Vill.- Thudi (ward no. 08), PS- Bhimpur, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Bhimpur P.S. Case No. 116 of 2024 lodged on 17.11.2024, for the offence punishable under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 74, 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against 11 named accused persons including the present petitioners against whom there is an allegation that they have assaulted the informant and his family members due to which injury has been caused.

Patna High Court CR. MISC. No.42452 of 2025(2) dt.09-07-2025 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that from the contents of the FIR, it become crystal clear that the dispute has arisen due to land and petitioner no.1 and the informant are full brothers. Counsel submits that for the same date and place of occurrence, there is a case and counter case i.e. one case has been lodged from the petitioners' side bearing Bhimpur P.S. Case No. 117 of 2024 and the present case has been lodged from the informant's side bearing Bhimpur P.S. Case No. 116 of 2024. Counsel also submits that the injuries are simple in nature. Counsel further submits that two cases were filed against the petitioners, but they have been acquitted in both the cases.

5. Learned APP for the State opposes the prayer for bail of the petitioners but submits that from the record, it transpires that for the same date and place of occurrence, there is a case and counter case.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as

Patna High Court CR. MISC. No.42452 of 2025(2) dt.09-07-2025 3/3 mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Sub-Divisional Judicial Magistrate, Supaul, in connection with Bhimpur P.S. Case No. 116 of 2024, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T