Md Mohsin Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50444 of 2025 Arising Out of PS. Case No.-650 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Md Mohsin Ali S/o Late S.M Ali Asgar Resident of Chand Colony, Phulwari Sharif, P.O.- Phulwari Sharif, P.S- Phulwari Sharif, Distt.- Patna 2.

Arshad Ali S/o Md Mohsin Ali Resident of Chand Colony, Phulwari Sharif, P.O.- Phulwari Sharif, P.S- Phulwari Sharif, Distt.- Patna 3.

Jawed Eqbal S/o Sabir Ali R/o Sector 3, Millat Colony, P.S.- Phulwarisharif, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 308(2), 303(2), 131, 324(4)(5), 329(3), 352, 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita.

3. Prosecution story, in brief, is that on 25.04.2025 at 6:30 AM, when informant was asleep in her room, a group of 20-25 individuals, including these petitioners, armed with weapons, forcibly entered the premises, physically assaulted informant and looted cash and jewellery and valuable articles. It

Patna High Court CR. MISC. No.50444 of 2025(2) dt.07-08-2025 2/3 is further alleged that the accused persons also abused the informant and issued death threats.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioners have falsely been implicated in this case due to old enmity. Allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners. Present case is counter blast of Phulwarisharif P. S. Case No. 352 of 2025 which was lodged by the informant against petitioners and others. Rest of the allegations are ornamental only to make the case grave.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Patna in connection with Phulwarisharif P. S. Case No. 650 of 2025, subject to condition as laid down

Patna High Court CR. MISC. No.50444 of 2025(2) dt.07-08-2025 3/3 under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T