Wakil Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44860 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- SATHI District- West Champaran ====================================================== Wakil Ahmad S/O Late Arphin Sah R/O Vill.- Lachhanauta, P.S.- Sonbarsa, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mrs. Sharda Kumari, APP For the informant : Mr. Abu Nasar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sathi P.S. Case No. 44 of 2025 dated 19.02.2025 registered for the offences punishable u/ss 126(2), 115(2), 118(1), 76, 329(3), 109, 352, 351(2) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, due to old family enmity and dispute between the children, the F.I.R. named accused persons including the petitioner armed with sword came at the door of the informant on 18.02.2025 and started abusing. When the informant's daughter objected, the co-accused, Firoz Bakht tore her clothes and disrobed her. When the informant's
Patna High Court CR. MISC. No.44860 of 2025(3) dt.18-08-2025 2/3 son Arbaz Alam came to rescue her, he was badly assaulted. When the informant's nephew Motiur Rahman @ Atikur Rahman and Hamad Rizvi came to rescue his daughter, the petitioner and the co-accused, Shakeel Ahmad assaulted Motiur Rahman with sword and injured his head and Hamad Rizvi was also badly assaulted and injured him.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. It is further submitted that there is no specific allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. As per the injury report of the injured, the injuries are simple in nature caused by hard and blunt substance. The petitioner has no concern with the alleged offence. The petitioner has eight criminal antecedents in which he is on bail in four cases and he is acquitted in four cases as stated in para 2 of the supplementary affidavit filed on behalf of the petitioner. The petitioner is in custody since 15.05.2025.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.44860 of 2025(3) dt.18-08-2025 3/3 of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Sathi P.S. Case No. 44 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T