Md. Asgar Rain @ Md. Asgar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52900 of 2025 Arising Out of PS. Case No.-331 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Md. Asgar Rain @ Md. Asgar S/o Md. Kamal Rain Resident of VillageDhutauli, P.S.- Choutham, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh, Advocate.
For the Opposite Party/s :
Mr.Uday Pratap Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-08-2025 Heard Mr. Santosh Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Uday Pratap Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Chautham P.S. Case No. 331 of 2024 registered for the offence punishable under Sections 191(2), 191(3), 190, 115(2), 118(1), 126(2), 352, 351(2) and 351(3) of the BNS and Section 27 of Arms Act.
3. As per the allegation made in the F.I.R., all the accused persons including the petitioner had demanded extortion of a sum of Rs.2 lacs and on refusal, they assaulted the informant and his family members.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No.52900 of 2025(2) dt.12-08-2025 2/3 committed no offence as alleged. There is no allegation that the petitioner had assaulted the informant and so far as the allegation of firing upon Subodh Kuamr is also falsified considering that the injury sustained by him, as per the opinion of the doctor, is caused by hard and blunt substance and the injury is simple in nature, which can be verified by the learned District Court.
5. Learned APP for the State opposed the prayer for bail.
6. Learned District Court is directed to verify the injury sustained by the victim and attributable to the petitioner and if he finds that the injury is simple in nature and not caused by the fire arm weapon, then the petitioner, above named, be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Chautham P.S. Case No. 331 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner
Patna High Court CR. MISC. No.52900 of 2025(2) dt.12-08-2025 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T