Md. Sartaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57507 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== Md. Sartaj S/o Md. Junaid @ Jumman R/o - Bachhauta, P.S - Morkahi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Singh, Advocate For the State :

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Shashank Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-08-2025 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the informant. 2.

The petitioner seeks bail in connection with Morkahi P.S. Case No. 183 of 2024 instituted for the offence under Sections 115(2), 126(2), 118(1), 109, 76, 281, 351(2)(3), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case is that on 29.11.2024, the informant's father-in-law was assaulted by Md. Saklen and others, leading to a violent attack involving weapons. During the assault, the informant's husband sustained a serious knife

Patna High Court CR. MISC. No.57507 of 2025(2) dt.28-08-2025 2/3 injury near his left eye, and the informant herself was also assaulted and outraged of her modesty.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-02-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that parties are agnates and there is subsisting land dispute between the parties and in this regard, a Title Suit No. 56 of 1993 is pending. Nothing has been recovered from the possession of the petitioner. There is no specific allegation against the petitioner, rather the same is general and omnibus in nature. 6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being subsisting land dispute between the parties, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.57507 of 2025(2) dt.28-08-2025 3/3 bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Morkahi P.S. Case No. 183 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T