Habibul @ Habibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43714 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- BAISI District- Purnia ====================================================== 1.

Habibul @ Habibur Rahman S/O Fulesan @ Ful Hassan Resident of Azamgarh Mandel, P.S.- Baisi, Dist.- Purnea.

2.

Salauddin @ Md. Salauddin Ansari S/O Chhedi @ Rojid Ansari Resident of Azamgarh Mandel, P.S.- Baisi, Dist.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the informant and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Baisi P.S. Case No. 143 of 2025, lodged on 25.04.2025, under Sections 127(1) / 115(2)/ 118(1) /117(2) /109/303(2)/352/351/3(5) of B.N.S. 2023.

Patna High Court CR. MISC. No.43714 of 2025(2) dt.16-07-2025 2/3

3. As per the prosecution, FIR has been lodged against eight named accused persons including the present petitioners. The allegation is against the accused persons that they have entered into the house of the informant with lathi, danda and sword started abusing and thereafter assaulted upon oppose due to which injury has been caused to the mother of the informant.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that both are resident of same village and on petty issue between the son of accused Hizbul and Abuzafar, the entire dispute has arisen which resulted into scuffling. He submits that none of the petitioners are criminal and antecedent is clean. He submits that in future such mistake shall not take place. Learned Counsel for the petitioners submits that there is no allegation against the present petitioners that they have assaulted the mother of the informant.

5. Learned Counsel for the informant, who appears suo motu, vehemently opposes the prayer for bail and submits that the injury caused is serious in nature. He submits that allegation is against both the petitioners to assault different

Patna High Court CR. MISC. No.43714 of 2025(2) dt.16-07-2025 3/3 persons differently.

6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the repetition of action on the part of the accused is alleged in the FIR.

7. In this view of the matter, this Court is not inclined to grant anticipatory bail. Hence, anticipatory bail application of petitioners is hereby rejected. (Dr. Anshuman, J) Mkr./- U T