Md. Ali Ahamad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40761 of 2025 Arising Out of PS. Case No.-357 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Md. Ali Ahamad S/o Md. Israil @ Israil R/o Village- Athar, P.S.- Baheri, District- Darbhanga (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2025 Heard Mr. Vinay Kumar Mishra, learned counsel for the petitioner as well as Mr. Umeshanand Pandit, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 05.05.2025 in connection with Baheri P.S. Case No. 357 of 2024, F.I.R. dated 10.10.2024 for the offences punishable under Sections 126(2), 115(2), 118(1), 110, 352, 3(5) of Bharatiya Nyay Sanhita, 2023.

3. According to prosecution case, the informant alleged that when he reached at his house to take his meal, he saw that the petitioner was abusing his mother and his wife and when he objected, the petitioner assaulted him.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.40761 of 2025(3) dt.18-07-2025 2/3 implicated in the present case. The allegation levelled against the petitioner is false and fabricated. It is apparent from the FIR itself that due to petty dispute the present occurrence has taken place. He further submits that there is specific allegation against the petitioner that he assaulted the informant and the informant received injury but there was no intention to kill the informant. The petitioner is in custody since 05.05.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and he is in custody since 05.05.2025, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 7th Darbhanga in connection with Baheri P.S. Case No. 357 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.40761 of 2025(3) dt.18-07-2025 3/3 ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T