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Patna High CourtCR. MISC./52298/2025bail granted

Adeeb @ Adeeb Ahmad @ Pinku @ Md. Adeeb Ahmad v. The State Of Bihar

2025-08-12Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52298 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- MAHALGAON District- Araria ====================================================== Adeeb @ Adeeb Ahmad @ Pinku @ Md. Adeeb Ahmad Son of Arif @ Md. Arif Resident of Village - Kursel, Ward No.- 03, P.S.- Mahalgaon, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Mahalgaon P.S. Case No. 60 of 2025, dated 06.04.2025, lodged under Section 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

3. As per the prosecution, FIR has been lodged against four named accused persons, including the present petitioner, alleging that all the accused surrounded the informant. One coaccused assaulted the informant on the head with a dabiya, while the rest of the accused assaulted him with a farsa, causing injury. Thereafter, the informant's cousin took him to the

Patna High Court CR. MISC. No.52298 of 2025(2) dt.12-08-2025 2/3 hospital, where it was found that he had four cuts on his head. Further, there is an allegation of snatching Rs. 11,000/- from the informant's pocket, and he was also threatened not to lodge a case, failing which they would kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that for the same date and place of occurrence, there is a case and a counter case between the parties, annexed as Annexures 1 and 2, respectively. He also submits that there is a land dispute between the parties, who are relatives and neighbours. He further submits that injuries have been caused to both sides. Furthermore, he submits that the criminal antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that there is a case and counter case between the parties, and injuries have been caused to both sides.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

Patna High Court CR. MISC. No.52298 of 2025(2) dt.12-08-2025 3/3 mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Araria in connection with Mahalgaon P.S. Case No. 60 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. It is further directed that the Trial Court shall verify the criminal antecedent of the petitioner, and in case it is found at any stage that the petitioner has concealed his criminal antecedent, the Trial Court shall take steps for cancellation of the petitioner's bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J.) Aman Kumar/- U T