Murshid Alam @ Murshid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53606 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- SIKTI District- Araria ====================================================== 1.
Murshid Alam @ Murshid S/o Jainuddin R/o vill- Salguri, PS- Sikti, District- Araria 2.
Md. Haider Prawez @ Haider @ Md. Haider S/o Jainuddin R/o vill- Salguri, PS- Sikti, District- Araria 3.
Jawed Alam @ Jabir S/o Allauddin @ Lale R/o vill- Salguri, PS- Sikti, District- Araria 4.
Mister S/o Mr. Azad R/o vill- Salguri, PS- Sikti, District- Araria 5.
Shanwaj Alam @ Shahnawaj S/o Islamuddin R/o vill- Salguri, PS- Sikti, District- Araria 6.
Dil Mohammad S/o Jamaluddin R/o vill- Salguri, PS- Sikti, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2025 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
Learned counsel for the petitioners, at the outset, seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 6, Dil Mohammad. 3.
Permission is accorded.
4.
Accordingly, the anticipatory bail application is dismissed as withdrawn with respect to petitioner No. 6, Dil Mohammad.
5.
The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.53606 of 2025(2) dt.19-08-2025 2/3 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 76, 109(1), 303(2), 324(2), 3(5) of the Bharatiya Nyaya Sanhita.
6.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 14-1-2025 while he was constructing his boundary, the accused persons came variously armed and three sons of Jainuddin caught him while Jainuddin assaulted him by an iron rod causing injury on head, thereafter assaulted his nephew, (Md. Asgar) by rod causing injury on head, further Azad and Dil Mohammad assaulted by knife causing injury on both hands and Jainuddin snatched Rs. 80,000/- while Azad snatched his chain worth Rs. 2 lakh, further Murshid acted inappropriately with female members, while Dil Mohammad assaulted his sister-in-law by rod causing injury below her eyes. 7.
Learned counsel for the petitioners submits that that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to the land. It is also submitted that all the injuries suffered by the injured is simple in nature, except of Muhammad Asgar, i.e., nephew of the informant, whose injury is opined to be grievous, but then Jainuddin is alleged to have assaulted him, who is not a
Patna High Court CR. MISC. No.53606 of 2025(2) dt.19-08-2025 3/3 petitioner in the anticipatory bail application. It is further submitted that though Azad and Dil Muhammad are alleged to have assaulted the informant by knife causing injury on both hands, but then from perusal of the annexure-5 to the anticipatory bail application, i.e., the injury report of the informant, it would manifest that the same belies the allegation of assault by knife.
8.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
9.
Considering the submissions made by the learned counsel for the petitioners, the petitioner Nos. 1, 2, 3, 4 and 5, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sikti P.S. Case No. 10 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J) Sumit/- U T