Md. Salam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40103 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.
Md. Salam S/o- Late Ibrahim Village- Khanpur PS-Pirpaiti DistrictBhagalpur 2.
Md. Jasim S/o- Late Shekh Hafiz Village- Khanpur PS-Pirpaiti DistrictBhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Giri For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Pirpanti P.S. Case No. 104 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 126(2), 115(2), 118(1) and 109 of B.N.S.
3. As per prosecution case, petitioner nos. 1 and 2 are said to have assaulted the informant by means of sharp knife on the head as a result of which informant sustained injury on head and it is alleged that she also sustained injury near the left eye and on the wrist of the right hand.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.40103 of 2025(3) dt.03-09-2025 2/3 petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent. There is a case and counter case in which Bano Khatoon has filed Pirpainti P.S. Case No. 103 of 2025 against the informant and her family members which is prior to the institution of present FIR. The present case is lodged just to counter the earlier case. It is further submitted that informant is pattidar of the present petitioners as mentioned in para 6 of the bail petition. Learned counsel further submits that injury sustained by informant is simple in nature. It is further submitted that injury report of the doctor is quite vague.
5. The learned A.P.P. for the State as well as learned counsel for the informant vehemently opposes the prayer for anticipatory bail of the petitioners and submits that there is allegation of assaulting informant against the petitioners by means of knife and same is corroborated by the injury report.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.40103 of 2025(3) dt.03-09-2025 3/3 learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Pirpanti P.S. Case No. 104 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.
(Alok Kumar Pandey, J) vashudha/- U T