Md. Hanif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39185 of 2025 Arising Out of PS. Case No.-251 Year-2025 Thana- MADHAURAH District- Saran ====================================================== 1.

Md. Hanif S/o Late Moharram Miya R/o Village- Dharampur, P.SMorhowrah, District- Saran 2.

Wakil Alam S/o Md Hanif R/o Village- Dharampur, P.S- Morhowrah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate Mr. Kumar Binode Bariar, Advocate Mr. Arif Daula Siddiquie, Advocate For the State :

Mrs. Anita Kumari, APP For the Informant :

Ms. Aashi Wats, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-07-2025 Heard Mr. Brajesh Sahay, learned counsel for the Petitioners, Ms. Aashi Wats, learned counsel for the informant and Mrs. Anita Kumari, learned APP for the State.

2. Petitioners seek regular bail in connection with Marhowrah P.S. Case No. 251 of 2025 dated 19.04.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(2), 117(2), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ( in short 'B.N.S.').

3. The main submissions advanced by petitioners' counsel are that admittedly there was a dispute with regard to raising a wall on a particular land which is under dispute in

Patna High Court CR. MISC. No.39185 of 2025(2) dt.04-07-2025 2/3 between both the parties and if the entire facts mentioned in the FIR are taken into consideration then an incident of free fight took place in between both the parties resulting in injuries to both the sides, however, the main allegation is against the coaccused Shakil Ansari and several accused persons including petitioners have been named in the FIR and most of the injuries to the injured persons of the present matter have been opined to be simple in nature. It is lastly submitted that both the petitioners have been languishing in jail since 19.04.2025 and against them, the investigation has been completed.

4. Learned counsel appearing for the informant has vehemently opposed the prayer for bail of the petitioners and submits that there is serious allegation against the petitioners and co-accused Shakil Ansari caused grievous injury to the younger brother of the informant and both the petitioners also participated in the alleged occurrence.

5. Considering the aforesaid submissions and the nature of allegation appearing against the petitioners and mainly the completion of investigation against them and also the petitioners' plea as to free fight having occurred in between both the parties, this Court is inclined to release the petitioners on bail. Accordingly, let the petitioners named-above be enlarged

Patna High Court CR. MISC. No.39185 of 2025(2) dt.04-07-2025 3/3 on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Marhowrah P.S. Case No. 251 of 2025.

(Shailendra Singh, J) maynaz/- U T