Arif Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38906 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- MANPUR District- Nalanda ====================================================== 1.

Arif Raza Son of Abdul Wase R/o Vill- Belchhi Sharif, P.S - Manpur, Distt.- Nalanda 2.

Sahir Imam Son of Shahid Imam R/o Vill Belchhi, P.S Manpur, Distt.- Nalanda 3.

Taukir Raza Son of Sarfaru Jama R/o Vill- Andhana, P.S - Noorsarai, Distt.- Nalanda ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ramakant Sharma, Sr. Advocate Mr. Avinash Kumar, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Manpur PS. Case No.-71 of 2025 dated-19.04.2025, registered for the offences punishable under Sections 191(2), 190, 126(2), 127(2), 115(2), 117(2), 109, 303(2), 352 of the B.N.S., 2023.

3. As per allegation, altercation took place between the informant and the petitioners side on account of land dispute causing simple and grievous injuries on both the sides leading to case and counter case under similar penal provisions.

Patna High Court CR. MISC. No.38906 of 2025(2) dt.25-06-2025 2/3

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the altercation took place on account of land dispute and there is injury on both the sides and there is also case and counter case. The counter case filed by the petitioner side is Manpur P.S. Case No. 72 of 2025.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Considering the case and counter case for the same offence registered by both sides against each other, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Manpur PS. Case No.-71 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the

Patna High Court CR. MISC. No.38906 of 2025(2) dt.25-06-2025 3/3 following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T