Raja Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43211 of 2025 Arising Out of PS. Case No.-238 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Raja Hussain S/o- Bachcha Sheikh Resident of Pokhariya Maladehiya ward no 8 P.S-Shikharpur, Dist- West Champaran 2.

Saheb Hussain S/o- Bachcha Sheikh Resident of Pokhariya Maladehiya ward no 8 P.S-Shikharpur, Dist- West Champaran 3.

Samsera Khatoon W/o- Chotak Sheikh @ Chotak Shekh Resident of Pokhariya Maladehiya ward no 8 P.S-Shikharpur, Dist- West Champaran 4.

Saiyera Khatoon W/o- Saheb Hussain Resident of Pokhariya Maladehiya ward no 8 P.S-Shikharpur, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 118(1), 115(2), 117(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, these petitioners obstructed private pathway along which informant has right to pass. Upon protest, petitioners along with other accused persons assaulted informant and others.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.43211 of 2025(2) dt.30-07-2025 2/2 behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, due to dispute over pathway, scuffle took place between the parties. Injuries allegedly caused by these petitioners are simple in nature. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation, simple injuries and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, West Champaran, Bettiah in connection with Shikarpur P. S. Case No. 238 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T