Md. Masnun @ Md. Masnoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58856 of 2025 Arising Out of PS. Case No.-133 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Md. Masnun @ Md. Masnoon S/O Md. Ekamul @ Md. Ekramul Ansari R/O Village- Paranpur, Ward No. 13, P.S- Bakhri, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bakhari P.S. Case No. 133 of 2024 dated 15.04.2024 instituted for the offence punishable under Sections 341, 323, 307/34 of the Indian Penal Code.
3. As per the prosecution story, the informant stated that on 14.04.2024 at about 12:00 am, while he was sleeping, the petitioner along with other accused persons armed with weapons entered in his house and dragged him outside with the intention to kill him. In the meantime, people of locality came, intervened and saved him and his brother.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.58856 of 2025(2) dt.27-08-2025 2/3 case. It is further submitted that there is no specific allegation of assault against the petitioner rather the allegation levelled against the petitioner is general and omnibus in nature. There is a land dispute between the parties for which Title Suit bearing Title Suit No. 44 of 2024 has been filed by the father of petitioner, due to which petitioner has been falsely made accused in this case. There is a case and counter case between the parties. Counter case bearing Bakhari P.S. Case No. 05 of 2024 has been filed by petitioner's side against informant's side. Earlier also Bakhari P.S. Case No. 144 of 2023 was filed by the family member of the petitioner against informant's side. Lastly, it has been submitted that the petitioner is in custody since 02.06.2025, having four criminal cases against him and chargesheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Bakhari P.S. Case No. 133 of 2024, subject to the
Patna High Court CR. MISC. No.58856 of 2025(2) dt.27-08-2025 3/3 following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) sankalp/- U T