Md. Basir @ Md. Bashir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56324 of 2025 Arising Out of PS. Case No.-148 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== 1.
Md. Basir @ Md. Bashir S/O Md. Masum R/o - West Bilaspur, Paschim Vilashpur ( Paschimi Vilashpur), P.S. - Hayaghat, District - Darbhanga, (Bihar) 2.
Md. Barkat @ Barkat Ali S/O Md. Masum R/o - West Bilaspur, Paschim Vilashpur( Paschimi Vilashpur), P.S. - Hayaghat, District - Darbhanga, (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Vinay Kumar Mishra, Advocate For the State :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 303(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, variously armed, came to house of informant and Petitioner No. 1 assaulted brother of informant with knife and other co-accused persons assaulted informant with various weapons.
Patna High Court CR. MISC. No.56324 of 2025(2) dt.25-08-2025 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that there is absolutely no allegation of overt act against Petitioner No. 2. There is case and counter-case between the parties. It is further submitted that after investigation, police submitted final form against both these petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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-1st Class, Darbhanga in connection with Hayaghat P.S. Case No. 148 of 2024, subject to condition as laid
Patna High Court CR. MISC. No.56324 of 2025(2) dt.25-08-2025 3/3 down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T