Md. Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49213 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.

Md. Aftab Alam S/O Md. Kamar Alam Resident of village- Kabirpur, P.SLalmatiya (Nathnagar), District- Bhagalpur. 2.

Md. Shadab Alam S/O Md. Kamar Alam Resident of village- Kabirpur, P.SLalmatiya (Nathnagar), District- Bhagalpur. 3.

Md. Mahtab Alam S/O Md. Kamar Alam Resident of village- Kabirpur, P.SLalmatiya (Nathnagar), District- Bhagalpur. 4.

Md. Saifi S/O Md. Afroz @ Afroz Towheed Resident of village- Kabirpur, P.S- Lalmatiya (Nathnagar), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md.Najmul Hodda For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 126(2), 115(2), 109, 351, 352, 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, on 04.04.2025, the informant had gone to Reshami Gate Chowk Bazar for purchasing some domestic goods, in the meantime, these petitioners alongwith 4-5 unknown persons came and assaulted upon the head of informant by butt of pistol and also tried to strangulate with Chabuk, but anyhow, he could save his life.

Patna High Court CR. MISC. No.49213 of 2025(2) dt.19-08-2025 2/2

4. Learned counsel for the petitioners submits that informant is own maternal brother of petitioners and there is long standing property dispute between the parties. Allegation of assault is general and omnibus. Injury, sustained by the injured, is simple in nature. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the nature of injury and clean antecedent, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IX, Bhagalpur in connection with Ishakchak P.S. Case No. 88 of 2025, subject to condition as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T