Md. Mumtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44163 of 2025 Arising Out of PS. Case No.-252 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Md. Mumtaz S/o Shamshul Miya R/o vill - Dhurampur Bande, P.S.- Shahpur Patori, Distt.- Samastipur 2.

Farzana @ Farzana Khatoon W/o Md. Mumtaz R/o vill - Dhurampur Bande, P.S.- Shahpur Patori, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences under Sections 302, 201 and 120B of the Indian Penal Code.

3. As per F.I.R. the informant suspects that these two petitioners along with other accused persons, committed murder of son of the complainant/informant. It is alleged that prior to the incident, these petitioners had threatened the deceased.

4. Learned counsel for the petitioners submits that informant is not an eye-witness to the occurrence and only suspicion has been raised against these petitioners, only on account of

Patna High Court CR. MISC. No.44163 of 2025(4) dt.17-12-2025 2/2 earlier dispute. The present complaint has been lodged after delay of one week. During investigation, it has come that the informant himself received and brought the dead body from the Bachhwara Railway Police Station and thereafter the same was disposed of by the informant prior to the institution of the case. No post mortem was conducted. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the court below within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Samastipur in connection with Patori P.S. Case No. 252/24, subject to the condition as laid down under Section 482(2) of the B.N.S.S.

(Prabhat Kumar Singh, J) P.K.P./- U