Masoom Johar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43186 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Masoom Johar S/O Aslam Johar Resident of village - Chatwan, P.S.- Keoti, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-07-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Keoti P.S. Case no.61 of 2024 registered for the offence punishable under sections 307, 379, 323, 341, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, over a trivial dispute between neighbours, it is stated that the petitioner and one another came variously armed and of having assaulted the informant and his mother. While Ashrafi Khatoon is said to have assaulted with a khanti, the petitioner is said to have assaulted with a sword. It is further stated that three other named coaccused i.e. Barku, Chhotku and Arman also assaulted the informant and others with lathi etc. The injured were taken to

Patna High Court CR. MISC. No.43186 of 2025(2) dt.23-07-2025 2/3 the Primary Health Centre for treatment.

4. Learned counsel for the petitioner submits that the petitioner and others have been falsely implicated in the case over a trivial dispute between neighbours which would be evident from the contents of the FIR itself. Referring to the contents of the injury discussed in the order of the learned trial Court, it is submitted that the same does not support the prosecution case of assault by five persons. There is no reasonable explanation for delay of three days in lodging of the FIR and no case under section 307 of the Indian Penal Code is made out. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the nature of injury as discussed in the order of the learned Court below and specially the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Keoti P.S. Case no.61 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.43186 of 2025(2) dt.23-07-2025 3/3 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Darbhanga. (Partha Sarthy, J) Saurabh/- U T