Mod. Meraj Hussain @ Meraj Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57701 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Mod. Meraj Hussain @ Meraj Husain S/o- Nunu Baboo @ Nunu Ahmad Village- Andaul PS-Sahebganj Dist -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 329(2), 351(3), 305, 76, 109, 190 of the Bhartiya Nyay Sanhita and Section 27 of the Arms Act.

3. The allegation in the first information report arising out of a complaint case is that as many as 12 accused persons including the present petitioner came to the house of the informant variously armed and assaulted the family members of the informant causing serious injuries.

4. Learned counsel for the petitioner, at the outset, submits that the present case arises out of a complaint case which was also filed after an inordinate delay, inasmuch as, while the occurrence took place on 24.11.2024 the complaint

Patna High Court CR. MISC. No.57701 of 2025(3) dt.17-10-2025 2/3 case was filed on 03.12.2024 and this inordinate delay was not explained by the informant. It is further submitted that there is a case and counter case and the case on the side of the accused persons has been annexed as Annexure-2 to the application in which the petitioner was also received injuries. It has also been submitted that so far as the allegation on the petitioner is concerned, there is general allegation that he also assaulted by means of sticks whereas there is specific allegation on Sajjad and Ejaj of assaulting on the head of the victims causing grievous injuries to them. The petitioner is in custody since 28.05.2025 with no criminal antecedent.

5. Learned APP for the State has opposed the application for bail.

6. Taking into consideration the facts and circumstances and also considering that there is general allegation of assault on the petitioner coupled with the fact that the first information report arising out of a complaint has been filed after an inordinate delay and there is case and counter case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in

Patna High Court CR. MISC. No.57701 of 2025(3) dt.17-10-2025 3/3 connection with Sahebganj P.S. Case No. 43 of 2025, subject to the conclusion that the petitioner shall appear physically on each and every date in the learned court below and would cooperate in the conclusion of trial till the framing of charge. (Soni Shrivastava, J) devendra/- U T