Md. Nasim Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56406 of 2025 Arising Out of PS. Case No.-105 Year-2024 Thana- MALAYPUR District- Jamui ====================================================== Md. Nasim Sah S/o Md. Suleman Sah R/o Village- Malaypur Fakir Tola, ward no. 14, P.S.- Malaypur, Distt.- Jamui, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ankita Kumari, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-08-2025 Heard Ms. Ankita Kumari, learned counsel for the petitioner and Mr. Shyam Kumar Singh, learned APP for the State.

2. Petitioner seeks regular bail in connection with Malaypur P.S. Case No. 105 of 2024 dated 03.10.2024 registered for the offences punishable under Sections 115(2), 118(2), 191(3), 126(2), 351(3), 352, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by petitioner's counsel are that there is a case and counter case in between both the parties, the instant matter relates to a free fight that took place in between both the parties on account of a goat grazing paddy crops and the petitioner himself was badly assaulted and sustained serious injuries, photographs of which have been filed as Annexure -3 to this petition. It is further submitted that the FIR in

Patna High Court CR. MISC. No.56406 of 2025(2) dt.12-08-2025 2/2 the present case is a counterblast of Malaypur P.S. Case No. 104/2024, which was lodged by this petitioner, and the co-accused in the present matter has already been granted bail by the trial court itself and the informant who is said to have been assaulted by this petitioner, sustained only simple injuries. It is lastly submitted that the petitioner bears no criminal antecedent and has been languishing in jail since 09.05.2025.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the aforesaid submissions and mainly petitioner's fair and clean antecedent and his aforesaid plea of free fight having taken place in between both the parties resulting in injuries to both the sides and also the fact that as per the above submissions, the petitioner himself sustained serious injuries in the alleged occurrence, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Malaypur P.S. Case No. 105 of 2024.

(Shailendra Singh, J) maynaz/- U T