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Patna High CourtCR. MISC./46050/2025allowed

Md. Sabir @ Paltu @ Sabil v. The State Of Bihar

2025-08-05Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46050 of 2025 Arising Out of PS. Case No.-195 Year-2024 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.

Md. Sabir @ Paltu @ Sabil S/o Late Md. Sattar R/o Muhalla- Ishakchak, P.S.- Ishakchak, District- Bhagalpur 2.

Md. Afsar S/o Late Md. Riyasat R/o Muhalla- Ishakchak, P.S.- Ishakchak, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Ashutosh Kumar, learned counsel for the petitioners and Mr. Narendra Kumar Singh, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ishakchak P.S. Case No. 195 of 2024 instituted for the offence under Sections 126(2), 115(2), 117(2), 109, 74, 303(2), 3(5), 352, 351(2), 79 of the B.N.S., 2023.

3. The case of the prosecution is that the petitioners along with others being armed with an iron rod, gupti and other weapons, arrived at the house of the informant and started assaulting. It is specifically alleged that Md. Sabir ordered and

Patna High Court CR. MISC. No. 46050 of 2025(2) dt.05-08-2025 2/3 on his order, Md. Sarif assaulted with an iron rod on the head of the informant due to which she got injured.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that only allegation against petitioner no. 1 is that he has ordered and allegation against petitioner no. 2 is general and omnibus. It has also been submitted that the petitioners and the informant are agnates. There is land dispute between the parties. He further submits that a statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ishakchak P.S. Case No. 195 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court CR. MISC. No. 46050 of 2025(2) dt.05-08-2025 3/3 like amount each to the satisfaction of learned ACJM-IX, Bhagalpur, subject to the conditions as laid down under section 482(2) of the BNSS.

(Ashok Kumar Pandey, J) Sudhanshu/- U T