Md Ibran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59490 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- LACHHUAR District- Jamui ====================================================== Md Ibran Son of Md Qurban Resident of Village - Lacchuar, Ps- Lacchuar, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 127(1), 115(2), 117(2), 109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. Prosecution case, in brief, is that on 04.01.2025, all the F.I.R. named accused persons, including this petitioner, hurled abuses and assaulted brother of informant by means of iron rod as a result of which his hand got fractured. It is further alleged that when informant tried to save his brother, he was also assaulted by the accused persons. Thereupon, the accused persons snatched gold pendant of Bajrangbali from the neck of brother of informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation

Patna High Court CR. MISC. No.59490 of 2025(2) dt.03-09-2025 2/2 of assault is general and omnibus and there is no specific accusation of overt act against petitioner. Doctor has found the injuries to be simple in nature. F.I.R. has been lodged after inordinate delay of five days which itself raises doubt over veracity of the prosecution case. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the backdrop of the case, nature of accusation, simple injury and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Lacchuar P. S. Case No. 02 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T