Md. Mojassar @ Md. Dulare v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42820 of 2025 Arising Out of PS. Case No.-422 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Md. Mojassar @ Md. Dulare Son of Md. Sabir Ansari R/o Village- Chhet Bakhari, Janardanpur, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Ms. Renuka Ratnakar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 117(2), 109 and 61(2) of the BNS.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 19.10.2024 he received a call on his mobile and the caller disclosed that he is a teacher and intends to take a LIC Policy and, accordingly, called the informant at Laheriasarai. The informant, accordingly, reached Laheriasarai where he again received a call and the caller disclosed that he has come to Bishanpur, as such, requested the informant to come to Bishanpur, accordingly, the informant left for Bishanpur on his motorcycle when he was dashed from behind by a vehicle
Patna High Court CR. MISC. No.42820 of 2025(2) dt.09-07-2025 2/3 bearing registration no. BRO7GB5392. Further, the driver of the offending vehicle was apprehended who disclosed his name as Md. Noor Hassan and further disclosed that Md. Dulare of village Kudhwa Bhatti Chowk had promised to give Rs.75,000/- for killing the informant.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner is not a resident of village Kudhwa Bhatti Chowk rather is a resident of village Chhet Bakhri, Janardanpur, P.S. Kalyanpur, District Samastipur. It is next submitted that petitioner and the informant are known to each other as petitioner had taken a LIC policy from the informant on 27.03.2023 of Rs.10 lakhs bearing policy no. 879546009. It is also submitted that since petitioner and the informant were known to each other and petitioner had taken the aforesaid policy, as such, he had no motive for getting the occurrence committed. It is submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.42820 of 2025(2) dt.09-07-2025 3/3 counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bahadurpur P.S. Case No. 422 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. However, if the investigating officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Kundan/- U T